Longshore Act Claims

The Longshore and Harbor Workers Compensation Act is a Federal workers' compensation statute that applies to workers to who work on or near navigable waters as well as on fixed platforms over navigable waters. If you have been injured while working at a dock facility, on a fixed platform, or even near the water on land, you may qualify for benefits under the Longshore Act. The Longshore Act is a compensation statute that provides for medical and compensation benefits to an injured employee. The amount of compensation benefits will vary depending upon the nature of the injury.

Many injuries are 'scheduled' injuries and have a maximum payout based on a certain number of weekly payments. Other injuries, such as back, neck or shoulder injuries are not scheduled and can allow for a much greater payout. It is critical for the injured employee to make sure that their employer is paying them under the correct law. Many employers automatically pay their employees under a state compensation law, which typically provides less compensation benefits. Almost always, the employee will receive greater benefits under the Longshore Act and for this reason many employers fight paying under the Longshore Act.

An injured Longshore employee can also file a tort lawsuit against any negligent third parties that may have caused or contributed to his accident, and he can seek full damages from these parties including pain and suffering. Finally, the employee can sometimes file a tort suit against his direct employer for pain and suffering if that employer owned or operated any vessel where the employee's accident may have occurred. Longshore claims can be complicated and they are discussed more at length in our paper The Basics of Maritime Claims. Our office handles Longshore Act claims on a regular basis and we can assist you in determining whether your claim falls under the Longshore Act and the rights you may have based on the facts of your accident.