Division of Longshore and Harbor Worker’s Compensation Injury Benefits
If you have suffered an injury or illness while working on the navigable waters of the United States, or in any area that adjoins the navigable waters, including a dock or repair yard, you have a right to pursue workers’ compensation benefits under the Longshore and Harbor Workers’ Compensation Act, first enacted in 1927. Your loved ones can also seek benefits in the event you are killed in an accident covered by the statute.
Who Is Covered under the Longshore and Harbor Workers’ Compensation Act
The LHWCA offers broad coverage, providing coverage for employers and employees in the maritime industry, either full or part-time. The act allows anyone in longshoring capacity to seek benefits, as well as any harbor worker, including ship-builders, ship-breakers and ship-repairmen.
The LHWCA specifically excludes certain workers from pursuing benefits, though, including many workers who have a right to pursue state workers’ compensation benefits, such as:
- Clerical workers
- Restaurant or retail workers
- Marina employees not engaged in construction, replace or expansion of facilities
- Anyone employed to build, repair or take apart a recreational vehicle that is less than 65 feet long
The act also excludes the master or crew of a vessel, any person hired by the master to load/unload or repair a small vessel, and all employees of a state or federal government.
The Benefits Available under the Act
Individuals who qualify for benefits are entitled to reimbursement for or payment of medical expenses, including surgical or hospital treatment, as well as medication and medical supplies. The act also provides for disability compensation if the injury results in partial or total disability. Furthermore, if an injured worker cannot return to his or her former occupation, the act provides benefits for vocational rehabilitation, including testing, evaluation, counseling, placement and retraining. A qualified applicant can also receive compensation to cover the cost of tuition, books and supplies.
Contact Uliase & Uliase
For an appointment with an experienced New Jersey federal workers’ compensation lawyer, contact us online or call our office at 856-310-9002. We meet with clients weekdays between 9 a.m. and 5 p.m. We offer a free consultation for injured workers.