A back injury on the docks of Long Beach or carpal tunnel syndrome in a San Francisco office will need workers’ compensation. The law you’ll need depends on your job. Maritime workers get federal benefits through LHWCA, while most California workers follow state laws.
What is the LHWCA?
The Longshore and Harbor Workers’ Compensation Act (LHWCA) benefits maritime workers, including dock workers, ship repairers and harbor builders who work on or near U.S. waters. The LHWCA fills the gap between state laws and seaman’s law for workers in maritime jobs.
Main differences between LHWCA and California workers’ comp
These two systems offer different benefits. Here’s what you need to know about each one:
- Pay during recovery: LHWCA pays 66.67% of your weekly wage without taxes. California also pays 66.67% but sets strict limits on the total amount.
- Doctor choice: LHWCA lets you pick any doctor. In California, you must select from an approved list.
- Family benefits: If a worker dies, LHWCA gives the spouse 50% of the worker’s weekly wage, plus extra for children. California offers less.
- Time to file: After getting hurt, you have one year to file an LHWCA claim. California gives you one year from the time you knew about the injury.
- Lasting injuries: LHWCA has clear payment rules for specific injuries. California considers how the injury affects future work.
The law means different things for different workers. A dock worker gets federal LHWCA benefits, while an office worker gets state benefits. Each system comes with its own rules and payment amounts.
If you work near the water or on the docks, you’ll want to talk to a lawyer who knows maritime law. They can tell you which system fits your case and help you get the right benefits. The wrong choice could cost you the money you deserve.