Maritime and Offshore Injuries and the Longshore Act FAQs

There are numerous laws governing maritime employment related injuries. While there are laws specific to seamen, who spend a significant amount of their work time on a vessel, other maritime employees may be covered by the Longshore and Harbor Workers’ Compensation Act (Longshore Act). If you are wondering whether you can or should file a claim under the Longshore Act, here are some answers to frequently asked questions.

What is the Longshore Act?

The Longshore Act is a federal law that provides workers’ compensation benefits to maritime employees who have jobs that include maritime duties and who work near navigable waters.

Who is covered by the Longshore Act?

The Longshore Act covers employees who perform maritime related duties, and who work near navigable waters. There is a two part test to determine if an employee is eligible to recover under the Longshore Act. The first part of the test is whether the employee performs at least some maritime related duties. Longshoremen, ship-breakers, shipbuilders, and ship repairmen are the classic examples of workers covered by the Longshore Act although other employees can certainly qualify. The second part of the test involves whether the employee works on, adjacent to, or near navigable water. While this definition is not particularly clear, it is likely that if your work is a mile or more away, you will have some difficulty making your claim.

In addition to workers who qualify directly under the Longshore Act, the Outer Continental Shelf Lands Act offers the same rights afforded to employees under the Longshore Act to workers who are injured in the course of their duties extracting natural resources on the outer continental shelf. For the most part, this act aims to include workers on oil rigs, or exploring to find oil, extracting oil or any part of that process.

What if I am a seaman?

In order to qualify as a seaman, you must spend a minimum of about 30% of your time at work on a vessel that is on navigable waters. If you meet this qualification, you are likely covered by several laws, including one called the Jones Act, which allows seamen to file negligence claims against their employers.

Do I have to show that my employer was negligent to make a Longshore Act claim?

Longshore Act claims are a form of workers’ compensation, and as such, they are not based on fault. You do not need to show that your employer was negligent in order to make a successful claim. All you need to show is that you suffered an injury, or an illness, and that your work related duties were the cause of that injury or illness.

What can I recover under the Longshore Act?

Remedies under the Longshore Act are similar to those in state workers’ compensation programs. You can collect coverage for your medical expenses, and disability payments to cover for the cost of your lost wages if you are unable to work for a certain amount of time as a result of your injury. You also might be able to receive vocational rehabilitation in some circumstances.

Is it better to file a claim under the Longshore Act or for workers’ compensation in my state?

In most cases, injured employees prefer to make their claims under the Longshore Act over state workers’ compensation programs. This is because the Longshore Act tends to provide greater compensation than do state workers’ compensation programs. The Longshore Act may provide other benefits over other workers’ compensation programs as well, depending on which state. However, it is important to note that you can likely file for both forms of compensation. While you cannot collect both to cover the same things, you can have workers’ compensation from your state to fall back on if you are denied benefits under the Longshore Act.

How do I file under the Longshore Act?

The first step is to report your injury to your employer and to the federal Office of Workers’ Compensation Programs. Next you may need to file a formal claim. If your claim is denied, you may have to appeal your claim to a hearing in front of an Administrative Law Judge.

Do I need an attorney to represent me?

If your claim is accepted as soon as you report it, and your employer or your employer’s insurer is paying what you are owed, then no, you might not require the assistance of an attorney. If your claim is complicated, for a very high sum, or if you are sensing a reluctance to pay your claim, then you should consider speaking with an experienced maritime attorney.

Contact Stern Law, PLLC for A Free Consultation

At Stern Law, PLLC, we have compassionate and caring attorneys ready to work with you in order to find the best strategy for seeking compensation for your maritime employment related injuries. Contact Stern Law, PLLC today at (844) 808-7529 for a free consolation with an experienced attorney.