Filing a Claim Under the Longshore and Harbor Workers’ Compensation Act (LHWCA) | Tim Nies, Longshore Attorney

Filing a Claim Under the Longshore and Harbor Workers’ Compensation Act (LHWCA)

By Timothy Nies, Attorney at Law
U.S. Army Ranger Veteran | Longshore and Defense Base Act Lawyer

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law designed to protect maritime workers injured while performing work on, over, or near navigable waters of the United States. It provides compensation and medical benefits to longshoremen, harbor workers, shipbuilders, and others who are not seamen but whose work is integral to maritime commerce.

As a U.S. Army Ranger veteran and trial attorney since 2001, first defending insurance companies and since 2008 representing injured maritime workers in Longshore claims and civilian contractors under the Defense Base Act, I understand both sides of these cases. Below, I explain who is eligible, where the Act applies, what benefits are available, how to file a claim, and the common types of injuries longshoremen sustain on the job. Contact a Longshore attoney before filing a claim under the Longshore and Harbor Workers’ Compensation Act

Who Is Covered Under the Longshore Act

The LHWCA covers employees engaged in maritime employment, including:

• Longshoremen and stevedores
• Shipbuilders and ship repair workers
• Harbor and dock workers
• Employees loading, unloading, or maintaining vessels
• Construction workers building or repairing piers, wharves, terminals, or docks

You do not have to work on a ship to be covered. If your duties contribute to the loading, unloading, repair, or building of a vessel, you may qualify.

Excluded workers generally include seamen (covered by the Jones Act), clerical or office employees, and those working exclusively on small recreational vessels or state waters without a connection to maritime commerce.

Where the Longshore Act Applies

Coverage under the LHWCA extends to navigable waters of the United States and adjoining areas such as:

• Wharves, piers, docks, terminals, and dry docks
• Shipyards and vessel repair facilities
• Harbor and port facilities where cargo is transferred or stored
• Loading and unloading areas connected to navigable waters

The Longshore Act applies throughout the U.S. and its territories, including coastal areas such as:

• Port of Miami
• Port Everglades (Fort Lauderdale)
• Port Canaveral
• Jacksonville Port Authority (JAXPORT)
• Tampa and Port Manatee
• Palm Beach Port
• Gulf Coast and Atlantic coastal regions
• Offshore work locations adjacent to navigable waters throughout the United States

If your injury occurred in or near one of these maritime areas, even if you were not directly on a vessel, you may be covered under the LHWCA.

Common Injuries Suffered by Longshore and Harbor Workers

Maritime and dockside work is physically demanding and often dangerous. The most common Longshore-related injuries are:

• Back, neck, and shoulder injuries from lifting heavy cargo, chains, or rigging
• Knee and joint injuries from repetitive climbing, kneeling, or jumping from decks or docks
• Crush and fracture injuries caused by cargo, forklifts, or heavy machinery
• Traumatic brain injuries from falls, swinging hooks, or falling cargo
• Hearing loss from prolonged exposure to shipyard or engine noise
• Lacerations and burns from welding, cutting, or explosion incidents
• Respiratory illness and occupational diseases from chemical or fuel exposure
• Psychological conditions, such as post-traumatic stress disorder (PTSD), from traumatic work events or serious accidents

Even injuries that seem minor at first can worsen over time. Always document your symptoms early and seek prompt medical care.

Steps to File a Longshore Claim

1. Report the Injury Promptly

Inform your employer immediately after your injury or as soon as you realize your condition is work-related. Use Form LS-201 (Notice of Employee’s Injury or Death) to document your report. The deadline is 30 days from the date of injury or awareness.

2. Get Medical Treatment

You are entitled to choose your own physician under the Act. Your employer or carrier cannot dictate which doctor treats you, so do not allow them to. Keep copies of all medical records and bills.

3. File Form LS-203

Submit Form LS-203 (Employee’s Claim for Compensation) to the U.S. Department of Labor, Office of Workers’ Compensation Programs (OWCP), within one year from the injury or the last compensation payment.

4. Maintain All Documentation

Save copies of every form, notice, and communication with your employer or carrier. These are vital if your claim is denied or delayed.

5. Hire an Experienced Longshore Lawyer

Carriers often dispute claims, minimize wage rates, or delay authorization for medical care. Having a Longshore attorney who once represented insurance carriers and now fights for injured longshoremen gives you a unique advantage. I know their strategies and how to overcome them.

Benefits Available Under the Longshore Act

Medical Benefits

Full payment for necessary and reasonable medical treatment related to your injury, including surgeries, therapy, prescriptions, and transportation to medical appointments.

Disability Compensation

If you are unable to work, you may be entitled to weekly compensation benefits based on your average weekly wage (AWW) at the time of your injury. The type of benefit depends on whether your disability is temporary or permanent, total or partial. (TTD, TPD, PPD, PTD)

Death Benefits

For work-related fatalities, surviving dependents may receive benefits and funeral expense coverage.

Why My Experience Matters

I have been a Florida injury attorney since 2001. Before founding Van Riper & Nies Attorneys, I defended insurance companies in injury cases throughout Florida. Since 2008, I’ve represented only injured claimants and plaintiffs.

As a U.S. Army Ranger veteran, I approach each client’s case with the same dedication, focus, and attention to detail that I learned in the military. I fight for longshoremen and their families with respect, integrity, and relentless preparation at the DOL level, the OALJ level, and at Longshore mediations where the parties attempt to settle the Longshore claim.

Nationwide Representation for Injured Longshoremen

Although our law offices are based in Florida, Van Riper & Nies Attorneys, P.A. proudly represents injured longshoremen and harbor workers across the United States under the
Longshore and Harbor Workers’ Compensation Act (LHWCA). We represent clients through the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP) and before the Office of Administrative Law Judges (OALJ) in federal litigation. Contact attorney Tim Nies for more information on Filing a Claim Under the Longshore Act.

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Disclaimer

The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
Before you decide, ask us to send you free written information about our qualifications and experience.
This information is for general educational purposes and is not legal advice.
Reading this page does not create an attorney-client relationship.

Van Riper & Nies Attorneys, P.A. handles federal
Longshore and Harbor Workers’ Compensation Act (LHWCA)
and Defense Base Act (DBA) claims nationwide and abroad through the U.S. Department of Labor’s
Office of Workers’ Compensation Programs and the Office of Administrative Law Judges.
Our attorneys are licensed in the State of Florida and do not represent clients in state workers’ compensation claims outside Florida.