Dockworker injuries are governed by the Longshore and Harbor Workers’ Compensation Act (LHWCA). The LHWCA is a federal workers’ compensation system codified at 33 U.S.C. §§ 901 et seq. According to the U.S. Department of Labor, the LHWCA covers countless workers across U.S. shipping, shipbuilding, and harbor operations. Dockworker injury claims often involve specific eligibility requirements and strict deadlines.
Who is Covered by the Longshore and Harbor Workers Act?
LHWCA coverage requires meeting two tests: the “status” test and the “situs” test. Several related federal laws extend LHWCA benefits to other worker categories. These include the Defense Base Act, the Outer Continental Shelf Lands Act, and the Nonappropriated Fund Instrumentalities Act.
| Test | What It Means | Examples |
| Status test | A worker must be engaged in maritime employment | Longshore workers, ship repairers, shipbuilders, harbor construction workers, stevedores, marine terminal operators |
| Situs test | Injury must occur on navigable waters or an adjoining maritime area | Piers, wharves, dry docks, marine terminals, loading/unloading areas, vessel repair facilities |
Our dockworker accident team helps injured workers determine whether the LHWCA covers their case.
Common Injuries Covered in LHWCA Claims
The LHWCA covers a wide range of injuries that occur during maritime employment.
| Injury Type | Common Causes |
| Crush injuries | Falling cargo, container accidents, equipment malfunctions |
| Falls | Slipping on wet decks, falls from gangways, falls into water |
| Crane and equipment accidents | Operator errors, mechanical failures, falling loads |
| Forklift accidents | Tip-overs, collisions, struck-by incidents |
| Back and spinal injuries | Heavy lifting, equipment impacts, repetitive strain |
| Hearing loss | Prolonged exposure to industrial noise |
| Toxic exposure | Fumes, chemicals, hazardous materials |
| Drowning | Falls from docks or vessels |
| Repetitive stress injuries | Continuous heavy lifting and equipment operation |
| Burns | Welding accidents, electrical injuries, chemical burns |
Occupational Diseases
The LHWCA also covers occupational diseases that develop over time. These may include hearing loss, respiratory conditions from chemical exposure, and repetitive stress injuries.
Mental Injuries
Unfortunately, workplace incidents can decrease your mental health. The LHWCA may cover certain mental health conditions.
Benefits a Dockworker Injury Claim Can Recover
The LHWCA provides several types of benefits. But the amounts and durations vary by injury type and severity.
Medical Benefits
Covered workers receive 100% coverage of reasonable and necessary medical treatment. There are no deductibles or co-pays. Medical benefits continue for life if needed.
Temporary Total Disability
You may not be able to work at all while you recover. Under the LHWCA, you can receive 66.67% of your average weekly wage. These are subject to annual maximum and minimum limits.
Temporary Partial Disability
Can you work limited hours or perform duties while recovering? You can receive 66.67% of the difference between your pre-injury and post-injury wages.
Permanent Total Disability
Your injury may permanently prevent you from working. As a result, you receive 66.67% of your average weekly wage for life.
Permanent Partial Disability
Some workplace injuries have permanent effects, but they are not totally disabling. The LHWCA pays scheduled awards based on the body part affected. For example, you may receive specific weeks of compensation for loss of a hand, foot, or eye.
Death Benefits
If a worker dies from a covered injury, their surviving spouse receives 50% of their average weekly wage. Each child also receives additional benefits.
The LHWCA has a 3-day waiting period before wage benefits begin. If disability lasts more than 14 days, benefits are paid retroactively from the date of injury.
Funeral Expenses
The LHWCA also pays funeral expenses up to a statutory cap when a covered injury results in death.
Determining If You’re Eligible to Sue Beyond the LHWCA
LHWCA benefits are generally the exclusive remedy against the employer. Injured dockworkers may have additional claims against third parties. Under 33 U.S.C. § 905(b), injured workers can sue vessel owners for negligence. Common Section 905(b) theories include:
- Failure to provide a safe workplace on the vessel
- Failure to warn of known hazards
- Negligent operation of vessel equipment
- Active control negligence
- Equipment Manufacturer Claims
Defective equipment, like cranes or machinery, often hurts dockworkers. After an accident, the manufacturer may be liable under product liability law.
Other Third-Party Claims
Negligent contractors, subcontractors, or other non-employer parties may also bear liability. LHWCA benefits provide steady income and medical coverage. But they don’t include pain and suffering, mental anguish, or full lost wages. Third-party claims can recover these additional damages instead.
Filing Deadlines
LHWCA claims must be reported to the employer within 30 days and filed within 1 year. Third-party lawsuits have separate state-law deadlines. Missing either deadline can permanently bar recovery.
Our maritime accident team handles both LHWCA claims and third-party maritime cases.
Common Questions About Dockworker Accident Lawsuits and LHWCA Claims
Who qualifies for LHWCA dockworker injury claims?
Injured maritime workers in longshore work, ship repair, harbor construction, and dockworker activities are eligible. Both the “status” test (maritime worker) and “situs” test (maritime location) must be met. Seamen who work primarily on vessels are covered by the Jones Act instead.
What is the deadline to file dockworker injury claims under the LHWCA?
You must report the injury to your employer within 30 days and file a formal claim within 1 year. Occupational disease claims may have different deadlines depending on when the disease was discovered. Missing these deadlines almost always bars the claim entirely.
Can I sue my employer in addition to filing an LHWCA claim?
Generally, no, you can’t sue your employer and file a claim. LHWCA benefits are the exclusive remedy against your direct employer for covered injuries. However, you may have separate claims against vessel owners or equipment manufacturers under product liability law.
What benefits does the LHWCA pay?
The LHWCA pays 100% of medical expenses, scheduled permanent partial disability awards, and death benefits to surviving family members. LHWCA may cover temporary total disability at 66.67% of average weekly wage, or permanent total disability at 66.67% of average weekly wage for life. One of the best things you can do is to meet with an attorney.
What is the difference between the LHWCA and the Jones Act?
The Jones Act covers seamen, or workers who spend a substantial portion of their time on a vessel in navigation. The LHWCA covers other maritime workers, including dockworkers, ship repairers, and harbor construction workers. The Jones Act allows negligence lawsuits. The LHWCA is no-fault workers’ compensation.
Are dockworkers covered by state workers’ compensation or the LHWCA?
It depends on where and how the injury occurred. The LHWCA generally applies to maritime workers injured on navigable waters or adjoining areas. State workers’ compensation applies to land-based work outside the LHWCA’s coverage. Some workers may have overlapping coverage. An attorney can evaluate which applies.
What should I do after a dockworker injury?
Your safety always comes first. Get immediate medical care, and report the injury to your employer in writing within 30 days. Save all medical records and communications. Then, contact an experienced maritime attorney quickly to evaluate LHWCA and potential third-party claims.
Trust Alexander Shunnarah Trial Attorneys Today
Dockworker cases involve federal maritime law, strict deadlines, and complex benefit calculations. Our trial team handles LHWCA claims and third-party maritime injury cases for Gulf Coast workers and beyond. Schedule a free case review today.
Reviewed by Alexander Shunnarah, Attorney and Chief Executive Officer at Alexander Shunnarah Trial Attorneys on 2026-06-30.
