Federal Employees and Maritime Injuries

In the United States, maritime workers who are not seamen are covered by the provisions of the Longshore and Harbor Workers’ Compensation Act (LHWCA), a federal statute enacted in 1927. Initially applicable to maritime employees not covered by the Jones Act, such as dock workers, the LHWCA has been extended to provide coverage to American government contractors outside of the United States, as well as non-appropriated fund employees.

The Coverage Provided by the LHWCA

The Longshore and Harbor Workers’ Compensation Act serves as the principal remedy for injured maritime workers. Under its provisions, an injured maritime worker may receive temporary and/or permanent benefits. The temporary award is 2/3 of the injured person’s average weekly wage, calculated by dividing earnings for the last calendar year by 52. If a maritime worker suffers a permanent injury, he or she may be entitled to a schedule award based on the specific body parts, or may be entitle to 2/3 of his or her lost earning capacity. Survivors may also seek death benefits when a family member dies in a maritime accident.

Seeking Benefits for a Maritime Injury

If you have been injured in a maritime injury, you must provide notice to your employer within 30 days of the injury. The same rule applies if you contract an occupational illness while working in a job covered under the LHWCA. You do not need to file a claim for compensation immediately, but must do so within one year of your injury. Once you have filed a claim for damages, your employer can either challenge the claim, or start to make voluntary payments to you. If you are unable to resolve a dispute over the validity of a claim, you can take your case to an administrative law judge, who will provide you with a hearing, listen to arguments from both sides, and make a decision on the claim.

Unlike state workers’ compensation programs, the Longshore and Harbor Workers’ Compensation Act does not limit your claims to those that you have against your employer or co-employer. You may also seek damages from the owner of a vessel, alleging negligence or carelessness.

Contact Our Office

To set up an appointment to discuss your rights as a federal employee injured in a maritime accident, contact our office online or call us at (856) 310-9002. We are available to meet with clients weekdays between 9 a.m. and 5 p.m. We offer a free consultation for injured workers.