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Useful Resources
- “Longshore Act” Text
- Office of Workers Compensation Programs (OWCP)
- Division of Longshore and Harbor Workers Compensation (DLHWC)
- Office of Administrative Law Judges (OALJ)
- Benefits Review Board (BRB)
Our Fee
If your claim is disputed or denied, then the employer and insurance carrier are responsible for paying your attorney’s fees. You have nothing to lose by hiring an experienced longshore attorneyto represent you in your claim.
What is the Longshore Act
The Longshore and Harbor Workers Compensation Act (LHWCA), often referred to as the “Longshore Act”, provides a federal workers comp remedy for injured longshoremen. Benefits are administered by the Division of Longshore and Harbor Workers Compensation (DLHWC), a division of the Office of Workers Compensation Programs (OWCP) within the U.S. Department of Labor (DOL).
Who is a Longshoreman or Harbor Worker
Generally, if you work loading, unloading, building, repairing, or breaking vessels, you fall under the Act. These jobs often include stevedores, crane operators, forklift operators, rail workers, ship fitters, and more. If you are injured while working on navigable waterway or an adjoining area such as a port, wharf, dock, pier, dry dock, shipyard, or rail yard, you may be entitled to benefits under the Longshore Act.
Additional Information
- Longshore Act Benefits
- Longshore Litigation Process
Section 905(b) Vessel Negligence
Maritime workers injured on a vessel who do not qualify for seaman status may sue a vessel owner, including his or her employer, for negligence under Section 905(b) of the Longshore Act. This remedy permits an injured worker to recover damages when he was injured because the vessel was turned over in an unreasonably dangerous condition or the actions of vessel owner caused the worker’s injuries.
Hearing Loss Claims
Many longshoremen are unaware that they are due compensation and medical benefits under the Longshore Act for any ratable hearing loss they suffer while employed as a longshoreman. Hearing loss is a scheduled injury, meaning that total monaural (one ear) hearing loss entitles the injured worker to 52 weeks of compensation, while total binaural (both ears) hearing loss entitles the worker to 200 weeks of compensation. The amount of compensation an injured worker receives is pro-rated according to his or her impairment rating which is determined via an audiogram. For instance, if your audiologist finds that you have 20% binaural hearing loss, you would be entitled to 40 weeks of disability compensation at your calculated compensation rate of two-thirds your AWW.
If you suspect that you may have hearing loss and have worked as a longshoreman or on offshore oil rigs, call us today for a free consultation.
Outer Continental Shelf Lands Act
The Outer Continental Shelf Lands Act (OCSLA) is an extension of the Longshore Act that covers injured workers aboard most offshore oil and gas rigs and platforms. Under OCSLA, offshore oilfield workers are entitled to the same benefits as longshoremen.
Longshore News
Rail Yard Worker Fails LHWCA Situs and Status TestsIn LongshoreClaimant worked for Employer for twenty years when he became aware that his exposure to workplace noise had caused hearing loss. He brought a claim under the Longshore Act. He argued that although he worked as a trackman operating switching engines, he sometimes worked on a track near a shipping channel and was a member of the longshoreman’s union, thus, he was a longshoreman under the Act. Employer controverted the claim on the grounds that Claimant never worked on, over, or adjacent to navigable waters. Employer further argued that switching cars was not integral or necessary to the loading or unloading of a vessel. [Continue reading]
Geographical Proximity is Not the Only Factor in Deciding OCSLA JurisdictionIn LongshorePlaintiff filed suit under the Outer Continental Shelf Lands Act (OCSLA), alleging injuries to his left elbow, cervical spine, and lumbar spine as the result of an accident that occurred while working on Ram-Powell, a tension-leg fixed platform, located in the Gulf of Mexico in Viosca Knoll Block 956. The parties agreed that under OCSLA the substantive law for injuries occurring on fixed offshore platforms located on the outer continental shelf is the law of the adjacent state. However, they disagreed as to which state’s law applied. Plaintiff argued that Louisiana law should apply as it was the geographically closest to the platform in question. Defendants, on the other hand, asserted that Alabama was the adjacent state and its law should apply, and filed a motion for summary judgment on the issue. [Continue reading]
Contact Us
Need assistance with your longshore injury claim? Contact an experienced Longshore Act attorney today.
365 Canal Street, Suite 2610
New Orleans, LA 70130
Telephone: (504) 872-9224
Facsimile: (504) 702-1924