What Types Of Workers Are Covered Under The Longshore Act?
This Act covers longshoremen and employees who work in harbors, docks, shipping terminals, and shipyards. Essentially, anyone who is involved with the construction, maintenance, construction, loading or unloading of a vessel is covered by the LHWCA when a work-related injury, illness, disability, or death occurs.
Specific job titles that are covered under this Act include:
- Ship repair personnel
- Forklift operators
- Dock workers
- Maritime construction workers
- Truck drivers who transport shipping containers
- Mechanics who repair trucks used for maritime work
Only employees who are actively involved in maritime work are covered under the LHWCA. For example, clerical or secretarial workers on docks and marinas would not be eligible for these benefits. Mechanics and shipbuilders for small recreational vessels are also excluded.
Eligible Injuries & Illnesses
Any injury, illness, or disability which is directly related to your work environment is eligible for benefits under the Longshore and Harbor Workers’ Compensation Act, including:
- Physical injuries that occur in workplace accidents
- Injuries caused by unsafe working conditions
- Illnesses which develop due to hazardous exposure in the workplace
- Aggravation of a pre-existing health condition due to working conditions
These are just a few of the most common forms of compensable work disabilities, but any injury, illness, or impairment which occurs during the course of your work duties is eligible for benefits.
What Should I Know About Filing A Claim?
In order to file a claim under the Longshore and Harbor Workers’ Compensation Act, you must first file a written injury report with both your employer and the U.S. Department of Labor within 30 days of your injury, or within 30 days becoming aware of your injury. For occupational illnesses, this deadline is extended from 30 days to 1 year. You must also provide medical evidence which establishes a direct link between your condition and your work environment.
Be aware that many injured longshore and harbor workers have a hard time recover the benefits they deserve. If you’d like to find out more about your rights after suffering a maritime work injury, contact one of our maritime injury lawyers today for a free consultation.
Additional Maritime Injury Information