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Can I file a claim under the Longshore and Harbor Workers Compensation Act if I am injured at sea?
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Longshore and Harbor Workers Compensation Act

The Harbor and Pier Workers' Compensation Act (LHWCA) is a federal law that provides compensation to workers who are injured or sickened while working in navigable waters of the United States, including at sea.

Can I file a claim under the Longshore and Harbor Workers Compensation Act if I am injured at sea?

I. Eligibility for LHWCA Benefits

To be eligible to file a claim under the LHWCA, you must meet the following criteria:

  • You must be an “employee” as defined by the LHWCA.
  • You must have suffered an injury or illness arising from and in the course of your employment.
  • Your injury or illness must be related to your work in navigable waters of the United States.
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The definition of “employee” under the LHWCA is broad and includes:

  • Port workers
  • Port workers
  • Shipbuilders
  • Ship repairers
  • Divers
  • Offshore oil and gas workers

The types of injuries and illnesses covered by the LHWCA include:

  • Traumatic injuries, such as broken bones, cuts, and bruises
  • Occupational diseases such as asbestosis and mesothelioma
  • Hearing Loss
  • Repetitive strain injuries
  • Mental health conditions

II. Filing a Complaint Under the LHWCA

Offshore Longshore Act Law?  Compensation

To file a claim under the LHWCA, you must follow these steps:

  1. Report your injury or illness to your employer as soon as possible.
  2. File a complaint form with the U.S. Department of Labor's Office of Workers' Compensation Programs (OWCP).
  3. Provide OWCP with all necessary documentation, such as medical records and proof of lost wages.

You can find more information about filing a complaint under the LHWCA on the OWCP website.

III. Benefits Available Under the LHWCA

Complaint Port File An Offshore?

If your claim is approved, you may be eligible for the following benefits:

  • Compensation for lost wages
  • Medical expenses
  • Permanent disability benefits
  • Death benefits

The amount of benefits you receive will depend on the severity of your injury or illness and your average weekly earnings.

IV. Deadlines for Filing a Complaint

It is important to lodge your complaint under the LHWCA within the specified timeframes.

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  • For traumatic injuries, you must file your claim within one year of the date of the injury.
  • For occupational illnesses, you must file your claim within two years of the date you were diagnosed with the illness.
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If you do not file your claim within the deadlines, you may lose your right to benefits.

It is important to seek legal representation when making a claim under the LHWCA.

A lawyer can help you:

  • Understand your rights under the LHWCA
  • Present your complaint correctly
  • Negotiate with your employer's insurance company
  • Represent you at a hearing

If you have been injured working at sea, contact an attorney today to learn more about your rights under the LHWCA.

SAW. Conclusion

The LHWCA provides important benefits to workers who are injured or sickened while working in navigable waters of the United States, including at sea.

If you have been injured working at sea, contact an attorney today to learn more about your rights under the LHWCA.

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