Workers’ Compensation Claims for Longshoremen & Harbor Workers
Working the docks and shipyards of Louisiana is hard and dangerous work. You show up every day in one of the most physically challenging environments imaginable. Heavy machinery, massive cargo loads, slick surfaces, and constantly moving vessels are all part of the job. Most days, you make it home safely. But when something goes wrong in these environments, it goes wrong fast, and the injuries can be devastating.
If you were hurt while working on or near navigable waters, you may have rights under the Longshore and Harbor Workers’ Compensation Act (LHWCA) — a federal law that protects workers like you. But these claims follow very different rules than a standard workers’ compensation case, and employers and insurers know that. They often challenge eligibility and downplay injuries. It’s an uphill battle, and one you shouldn’t fight alone while trying to heal.
At Dudley DeBosier Injury Lawyers, we help injured longshore and harbor workers across Louisiana understand their rights and pursue the full benefits the law provides. Reach out today for a free consultation. Let’s talk about what happened and how we can help protect your future.
What Is the Longshore and Harbor Workers’ Compensation Act (LHWCA)?
The LHWCA is a federal workers’ compensation system that provides benefits to certain maritime workers injured on the job. The LHWCA covers employees who are not classified as “seamen” under the Jones Act but who perform duties on or near navigable waters that are essential to maritime commerce.
The LHWCA is administered by the U.S. Department of Labor, which means it operates on a completely different set of rules than a standard Louisiana workers’ compensation claim. The procedures and benefits are all governed at the federal level.
Who Qualifies as a Longshore or Harbor Worker in Louisiana?
As mentioned above, not every worker near the water is automatically covered under the LHWCA. Eligibility under the LHWCA depends upon two things: where you were injured and what kind of work you do.
As far as the “where” is concerned, the injury generally needs to have occurred on or near navigable waters, like docks, piers, wharves, terminals, shipyards, or adjacent worksites. On the job side, your work needs to be connected to maritime operations in a clear and meaningful way.
Workers who typically qualify include those who load and unload vessels, shipbuilders and ship repairers, dockworkers, terminal employees, and marine construction workers, among others. If your day-to-day work supports the movement or maintenance of vessels and cargo, there’s a good chance the LHWCA applies to you.
In Louisiana, these claims most commonly arise from injuries at facilities like the Port of New Orleans, the Port of South Louisiana, and the many industrial sites running along the Mississippi River and the Gulf Coast. These sites are some of the busiest maritime corridors in the entire country.
If you’re not sure whether your situation qualifies, that’s exactly the kind of question we can help you answer. Call us anytime.
Common Causes of Longshore and Harbor Worker Accidents
Longshore and harbor work is inherently dangerous, but many accidents occur because safety protocols are ignored or equipment is poorly maintained. Common causes include:
- Crane malfunctions
- Hoist failures
- Improperly secured cargo
- Unsafe forklift operation
- Defective tools
- Slick walking surfaces
Other accidents occur when workers are rushed to meet shipping deadlines. When shortcuts and unsafe practices are used to meet these deadlines, it makes an already dangerous environment seriously unsafe for everyone. Poor communication between crews, inadequate training, and overcrowded worksites also contribute to serious injuries.
Types of Accidents Involving Longshore and Harbor Workers
Longshore and harbor workers are at risk of many types of accidents at every turn. These include being struck by falling cargo, crushed between equipment, pulled into machinery, burned in fires or explosions, or injured in falls from docks, vessels, or scaffolding. Slip and fall accidents are also common due to wet surfaces, oil spills, and uneven decking.
Because these environments involve heavy loads and moving machinery, even a single mistake can have catastrophic consequences.
Injuries Commonly Suffered in Maritime Workplace Accidents
Injuries suffered by longshore and harbor workers are often life-changing. Common injuries include traumatic brain injuries (TBIs), spinal cord injuries, herniated discs, broken bones, crush injuries, amputations, severe burn injuries, and internal organ damage.
Many injured workers require surgery, long-term rehabilitation, and significant periods away from work. Some are never able to return to their previous job or any physically demanding role. When things go wrong for longshore and harbor workers, they can easily cause permanent injuries that require lifelong care.
Medical Benefits Available Under the LHWCA
The LHWCA provides comprehensive medical benefits for injured workers. These benefits cover all reasonable and necessary treatment related to the injury, including hospital care, surgery, diagnostic testing, rehabilitation, prescription medications, and medical equipment.
Unlike many health insurance plans, injured workers do not pay copays or deductibles for authorized treatment. However, disputes often arise over which doctors are authorized and whether treatment is necessary. This is where legal guidance is important.
Disability Benefits Under the LHWCA
Disability benefits under the LHWCA are based on the severity and duration of your injury and your ability to return to work. The more clearly your condition is documented, the stronger your claim will be.
That’s why seeing a doctor promptly and consistently matters so much. Clear diagnoses and thorough medical records form the foundation of any disability claim. But calculating what you’re truly owed isn’t always straightforward. Lost wages, reduced earning capacity, and future medical needs all factor into the picture, and those numbers can add up significantly over time.
Having an experienced lawyer on your side means nothing gets overlooked. A skilled lawyer like ours here at Dudley DeBosier can assess both your current losses and what you stand to lose down the road. We work to ensure your claim reflects the full impact of your injury.
Temporary Disability Benefits
Temporary total disability benefits are paid when a worker cannot work at all during recovery. Temporary partial disability benefits may apply when a worker can return to limited or lower-paying work.
Permanent Disability Benefits
Permanent disability benefits apply when an injury results in lasting impairment. These benefits may be classified as permanent total or permanent partial disability, depending on the worker’s condition and earning capacity.
Vocational Rehabilitation Benefits
When an injured longshore or harbor worker cannot return to their former job, the LHWCA may provide vocational rehabilitation services. These services are designed to help injured workers develop new skills and transition into work they are physically able to do.
Death Benefits for Families of Deceased Workers
If a longshore or harbor worker is killed in a workplace accident, the LHWCA provides death benefits to surviving spouses and dependents. These benefits may include funeral expenses and ongoing financial support intended to replace lost income.
Third-Party Liability in Longshore and Harbor Worker Accidents
While the LHWCA generally prevents injured workers from suing their employer, it does not prevent them from pursuing claims against negligent third parties. Third-party claims may involve vessel owners, equipment manufacturers, maintenance contractors, or other companies whose negligence contributed to the accident.
Third-party lawsuits can provide compensation not available through LHWCA benefits. This includes damages for pain and suffering.
Why You Need a Louisiana Longshore & Harbor Workers Accident Lawyer
LHWCA claims are complex and often challenged. Navigating federal procedures while recovering from a serious injury can be overwhelming. At Dudley DeBosier Injury Lawyers, we have extensive experience advocating for injured workers across Louisiana.
We understand the realities of maritime work and the challenges injured workers face when employers and insurers try to minimize their injuries. Our team investigates claims thoroughly, handles all communications, and fights for the full benefits and compensation our clients deserve.
Contact Our Louisiana Longshore & Harbor Workers Accident Lawyers Today
A serious maritime injury can leave you uncertain about your future. That’s not fair, considering everything you’ve sacrificed to work in a key sector of Louisiana’s economy while providing for your family. Don’t face the LHWCA claims process alone. If you were injured as a longshore or harbor worker anywhere in Louisiana, contact us today for a free consultation.
