100% Free Consultation (888) 493-1629

LHWCA Attorneys

Winning REcovery for Dock Workers, Onshore Employees & Victims of Negligence

Louisiana LHWCA Lawyers

Louisiana Representation in Recovering Worker’s Compensation. Serving Baton Rouge & Nationwide.

The United States Department of Labor states that the LHWCA financially protects around half of a million maritime workers from workplace injuries and diseases. Because longshoremen and harbor workers have to use heavy, complex machinery and handle large loads from overseas, the risk of crushing injuries or coming in contact with a harmful disease or chemical is more likely for them than in other professions.

The United States Department of Labor directly describes the Act:
"The Act provides for compensation and medical care to employees disabled from injuries that occur on the navigable waters of the United States, or in adjoining areas used in loading, unloading, repairing, or building certain vessels. The Act also provides benefits to specific survivors and dependents if the injury causes the employee's death."

In short, this Act affords shipyard workers the ability to receive the compensation necessary for maintaining financial stability in the event of a serious injury or illness incurred in the workplace. Though you do not need to directly prove the fault of your employer for your injury or illness, legal representation is still critical in determining eligibility and helping to obtain the maximum benefits possible from the LHWCA.

Workers Protected by the LHWCA

Because the maritime industry is so vast, and the Act only refers to a relatively specific set of professionals, it may be helpful to know which of these occupations are covered by the LHWCA and which may not be.

Harbor workers are involved in construction, conversion, overhaul, repair, and alterations while handling machinery and large equipment. Since this work requires special equipment and working methods, it can be challenging and dangerous—even with the safety regulations required in that work environment. Workers risk serious injuries in their daily job activities. If you're hurt, you should contact a Louisiana harbor worker accident attorney as quickly as possible to start preparing your case.

The following job areas are covered by the LHWCA:

  • Longshore workers and operators
  • Ship repairmen
  • Ship builders
  • Harbor construction workers
  • Shipbreakers

If you or your loved one is a qualified “seaman,” protected under the Jones Act or Louisiana state worker’s compensation, the LHWCA will not apply. We have experience in many areas of law, including maritime law. Our attorneys thrive under the pressure large organizations and companies often put on in cases such as this and stand our ground to maximize your likelihood of receiving a favorable outcome. Arnold & Itkin LLP understands this Act and all of the specific benefits it entitles you as an injured or sickened longshore or harbor worker.

Longshore and Harbor Worker’s Compensation Act Entitlements

Any worker has the right to refuse to engage in unsafe working practices if their employer is violating the safety standards, regulations, and requirements established by the Occupational Safety and Health Administration. The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides job-injury and occupational-disease protection to employees who are injured while working on the navigable waters of the United States. Harbor workers have extended benefits for workplace injuries caused in shipyards and boat yards located on navigable waters.

This also includes adjoining shore installations, including:

  • Building Ways
  • Dry Docks
  • Graving Docks
  • Marine Railways
  • Terminals
  • Wharves

Workers are entitled to benefits under the LHWCA if an injury occurs in their area of work, which can include the shipyard but also extends to the building and repairing areas. Serious injuries almost always result in a financial crisis, which should be at least partially mended by the employer.

Standard benefits under the LHWCA include:

  • Medical expenses
  • Payments for disease contraction caused by shipping, such as prolonged exposure to harmful chemicals
  • Compensation for rehabilitation and/or physical therapy
  • Vocational rehabilitation
  • Benefits distributed to the families of workers who were killed on the job, as per a wrongful death claim
  • 2/3 of your normal weekly pay for the duration of your recovery time

The Longshore and Harbor Workers’ Compensation Act also assists workers who have disabilities or need ongoing medical care. If harbor workers experience a wrongful death, the LHWCA may also provide benefits to their survivors. The LHWCA does not require that a worker’s employers to be found at fault for the worker’s injury; however, when dealing with occupational disease benefits, shipyards may claim that the occupational injury was due to work at a previous shipyard. Regardless of the case, under the “last maritime employer rule” within the LHWCA, the last employer is responsible for covering the compensation.

LHWCA Benefits in the Event of Wrongful Death

The LHWCA does cover the families of victims if they are unfortunately killed in the workplace, but action must be taken within a relatively short period of time. 50% of the worker’s wages will go to a surviving spouse, 16.66% provided for his or her children, but only if the wrongful death is reported to the employer within 30 days of the incident and if a formal claim has been filed prior to one year after the incident.

LHWCA Representation in Louisiana

If you have been injured while performing duties as a harbor worker, it is your right to seek compensation. Due to the complexities and challenges presented with maritime law, you should not delay initiating a claim for benefits under the Longshore and Harbor Workers’ Compensation Act. An injured harbor employee must notify their employer of the injury within 30 days of its occurrence. A formal claim can be filed within one year—if you don’t follow these steps, you could risk losing your benefits.

Arnold & Itkin is one of the leading harbor worker injury firms in the nation. Our work in maritime law and offshore injury has allowed us to help thousands of workers afford medical care, provide for their families, and rebuild their lives. Our Louisiana harbor worker accident attorneys have secured billions of dollars for our clients in some of the largest cases in the nation. When harbor workers are facing the toughest situation of their lives, they call Arnold & Itkin. Call us if you want to review your case and figure out the next step.

Call (888) 493-1629 to take the necessary steps in providing for yourself or your family in your time of distress.

Case Results

Check Out Our Victories

  • $8 Billion Top 3 Largest Jury Verdict in U.S. History Arnold & Itkin LLP tried a Risperdal case against Johnson & Johnson for failing to warn about one of the drug’s most damaging side effects: gynecomastia. Our skill, hard work, and dedication resulted in the third-largest jury verdict ever obtained ...
  • $357 Million Largest Workplace Accident Settlement in Texas history Arnold & Itkin LLP secured a massive nine-figure settlement against a transnational corporation for a workplace incident. The settlement set a Texas record for being the largest personal injury settlement in the state’s history.
  • $205 Million Confidential Settlement Obtained for Numerous Clients Arnold & Itkin reached a record $205,000,000 settlement on behalf of clients after several years of hard-fought litigation. The case settled just before trial was set to begin.
  • $171 Million One of the Largest Confidential Settlements in History Arnold & Itkin worked over the course of several years to represent clients in a case that many other law firms turned down. In the end, we were able to obtain a record-setting confidential settlement of $171 million.
  • $117 Million Largest Single-Event Personal Injury Verdict in Louisiana History Arnold & Itkin represented a pregnant woman who experienced stomach pain and called Acadian Ambulance. The driver of the ambulance drove the ambulance into the back of a sugar cane truck causing the plaintiff's spine to be severed at T4 and for her ...
  • $116 Million Confidential Settlement Arnold & Itkin LLP negotiated a massive nine figure settlement on behalf of their clients after several years of hard fought litigation.
  • $110 Million Record Settlement Achieved for Victims of Defective Products Arnold & Itkin obtained a record settlement for individuals harmed by defective, dangerous products. The result exemplifies our commitment to clients and justice for those seriously injured by the conduct of others.
  • $105 Million Record Settlement for Dangerous Product Victims Arnold & Itkin’s legal team helped represent those harmed by dangerous products. We were successful in recovering a $105 million settlement.
  • $97 Million Massive Settlement Secured for Refinery Workers Arnold & Itkin is proud to share that after months of preparation for trial, our firm was able to secure a huge settlement for clients who were injured in a refinery fire. Find out more now.
  • $92.7 Million Record Settlement for Burn Injury Victim Arnold & Itkin LLP secured a substantial settlement for a man who suffered severe burns in an accident at his job. The settlement set a new record statewide for workers with similar injuries.
See All Results
“We felt like they understood the situation at hand, they cared, and it really felt like they were going to put 110% into making sure that the proper parties were going to pay for what happened to my husband.”
Tonya Client

Secure Your Future & Request a 100% Free Consultation

  • Please enter your first name.
  • Please enter your last name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
  • Please make a selection.
  • Please enter a message.