LHWCA eligibility screener

Legal information only. LHWCA coverage depends on specific facts about your occupation and work location. Always consult a licensed maritime attorney to confirm your coverage. See our full disclaimer.

LHWCA coverage screener

Your LHWCA eligibility result

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A maritime attorney will confirm your LHWCA coverage and assess your full claim at no cost. No fee unless you win.

What is the LHWCA?

The Longshore and Harbor Workers' Compensation Act (33 U.S.C. § 901 et seq.) is a federal workers' compensation law covering maritime workers who are injured on navigable waters or in adjoining areas - including docks, wharves, piers, terminals, and shipyards. It applies to workers who aren't seamen under the Jones Act.

LHWCA benefits include medical treatment, disability compensation (typically 2/3 of average weekly wage), vocational rehabilitation, and death benefits for surviving family members. Unlike the Jones Act, LHWCA doesn't require proving employer fault - it's a no-fault system.

LHWCA vs. Jones Act - which applies to you

The two laws are mutually exclusive. The Jones Act covers seamen - workers who spend at least 30% of their time aboard a vessel in navigation. The LHWCA covers maritime workers who aren't seamen: longshoremen, harbor workers, ship repairers, shipbuilders, ship breakers, and dock workers. If you're unsure which applies, use the Jones Act claim evaluator alongside this screener.

Extended coverage under the Defense Base Act

The Defense Base Act extends LHWCA coverage to workers employed at overseas military bases and on public works contracts outside the US. If you were injured while working for a US government contractor abroad, you may have LHWCA benefits through the Defense Base Act even if you never worked near water.

Filing a LHWCA claim

LHWCA claims are filed with the US Department of Labor's Office of Workers' Compensation Programs. The filing deadline is generally 1 year from the date of injury or the last voluntary payment of compensation, whichever is later. An attorney can ensure your claim is filed correctly and that you receive the full benefits you're owed. Use the offshore injury damages calculator to estimate your potential recovery.

Frequently asked questions

Generally no. The LHWCA is an exclusive remedy against your direct employer - you receive workers' comp benefits and can't sue your employer for additional damages. However, you can sue third parties who contributed to your injury, such as vessel owners, equipment manufacturers, or other contractors. These third-party claims can be filed alongside your LHWCA claim and often produce significantly larger recoveries.

LHWCA disability compensation is 2/3 of your average weekly wage, subject to federal maximum and minimum rates that adjust annually. The national average weekly wage sets the ceiling. Medical benefits are unlimited - the LHWCA covers all reasonable and necessary treatment with no cap. Death benefits for surviving spouses are 50% of the deceased worker's average weekly wage, plus 16.67% for each dependent child, up to 66.67% total.

You must file a claim within 1 year of the injury date or within 1 year of the last voluntary payment of compensation by your employer, whichever is later. For occupational diseases like hearing loss or asbestos-related conditions, the clock runs from when you knew or should have known your condition was work-related. Missing the deadline can bar your claim entirely.

Yes. Occupational diseases like hearing loss, asbestosis, and repetitive stress injuries are covered under the LHWCA. For asbestos-related diseases, the last employer who exposed the worker to asbestos is typically responsible for the claim. This is known as the "last exposure" rule. If you've been diagnosed with mesothelioma from shipyard or dock work, also see the mesothelioma case evaluator - you may have both LHWCA and lawsuit claims.

Employers covered by the LHWCA are required by federal law to carry insurance or qualify as self-insured. If your employer failed to carry required coverage, you can file a claim directly with the Special Fund, administered by the Department of Labor. Uninsured employers also face significant federal penalties. Don't assume you have no remedy just because your employer isn't cooperative about a claim.