If you are new to working at a port or shipyard, one question you may have is what happens if you suffer an injury on the job. The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides benefits for certain injuries, and understanding how it works can help you protect your rights.
What qualifies you?
The LHWCA covers private-sector maritime workers injured on U.S. navigable waters or in areas that a company uses for loading, unloading, building or repairing vessels. In California, this often includes workers at major ports in Long Beach, Los Angeles, Oakland and San Francisco.
Coverage requires meeting two tests. The situs test looks at where the injury occurred, such as on navigable waters or a nearby area like a dock, terminal or shipyard. The status test focuses on what your job involves, specifically whether it qualifies as maritime work such as longshore operations, ship repair or shipbuilding.
Which benefits are included?
If you qualify, the LHWCA provides the following:
- Medical care: Covers the full cost of treatment related to your workplace injury.
- Temporary total disability: Pays two-thirds of your average weekly wage while you cannot work during recovery.
- Temporary partial disability: Compensates at two-thirds of the difference between your pre- and post-injury earning capacity, for up to five years.
- Permanent total disability: Pays two-thirds of your average weekly wage for as long as the disability continues.
Most benefit amounts are subject to annual maximum thresholds tied to the national average weekly wage, and total disability benefits are also subject to annual minimum thresholds.
When must you file a claim?
The first step involves notifying your employer of the injury in writing, typically within 30 days of the incident. If the disability did not develop immediately, the 30-day window begins when you knew or reasonably should have known that your injury was related to your employment.
After providing notice, you would submit Form LS-203 to the Office of Workers’ Compensation Programs (OWCP) to formally open your case. The LHWCA generally requires this form within one year of the injury date or the last voluntary benefit payment, whichever comes later. You can submit the form electronically through the Department of Labor’s SEAPortal or by mail.
Once the OWCP receives the notice, the employer’s insurance carrier reviews it and determines whether to begin payments. If the injury kept you from working for more than three days, you would typically receive compensation on a semimonthly basis.
What if your case is denied?
A denied case does not necessarily close the door. If the insurance carrier disputes your claim, the OWCP can arrange an informal conference where an examiner reviews the facts and makes a written recommendation. This step does not produce a final decision, but it gives both sides a chance at resolution.
If the informal conference does not resolve the dispute, either side can request a formal hearing before an administrative law judge with the Office of Administrative Law Judges. They review evidence and testimony before issuing a binding decision. Further appeals may go to the Benefits Review Board and subsequently to the appropriate federal circuit court.