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LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT
The federal Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901, et seq, (“LSHWCA”) is a workers’ compensation scheme administered by the U.S. Department of Labor, which pertains to job-related injuries incurred by certain marine workers who are not Jones Act seamen. Covered employees typically include longshoremen who load and unload vessels, workers at shipyards who repair vessels, and workers who clean barges or other vessels.
Under the LSHWCA, an employer of a covered worker is obligated to provide benefits while the injured worker is convalescing, which include payment of medical bills and payment of temporary total disability benefits. Payments for permanent disability are also required. Depending on the nature of the injury, permanent disability benefits can be governed by a schedule of benefits or by future wage loss incurred by the employee.
The LSHWCA is a workers’ compensation scheme that differs significantly from the Jones Act. LSHWCA claims are processed through an administrative agency, the U.S. Department of Labor, not the court system. In LSHWCA claims, the employee must prove that his injury is job-related to recover, but there is no requirement that the employer’s fault or negligence caused the injury and awards are not reduced for contributory negligence on the part of the employee.
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