Longshore & Harbor Workers’ Compensation Act’s provisions on benefits are usually deemed greater than the Louisiana Workers’ Compensation Benefits. For one, in Workers’ Compensation Act, workers get compensated about 60% of their AWW for TTD Benefits while LHWCA, you can get up to ⅔ of your AWW.
If you work in the maritime industry and depending on the circumstances, a lawyer can help you claim for LHWCA instead of Workers’ Compensation Act. However, there are considerations. There are tests that need to be met. It is important that you discuss your options with your lawyer. At Workers’ Compensation LLC, we have experts that know exactly how to give you what you truly deserve.
What is the Longshore and Harbor Workers’ Compensation Act?
In contrast with Workers’ Compensation Act which is passed by the legislature of the state of Louisiana, Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law. It provides compensation, and treatment and rehabilitation for employees who are engaged in maritime occupations who are injured due to their work or working conditions. There are many provisions and it is best that you talk to a lawyer about it.
Who is covered by the LHWCA?
Employees in maritime occupations, as the name provides, such as seafarers, ship repairers, ship builders, harbor construction workers, and the like. The injuries must occur within the waters of the United States, though. If you are not a maritime employee, as long as you perform work on the country’s navigable water, you may qualify. Talk to a lawyer to know if you could push for a claim.
What are the Longshore Act Extensions?
The LHWCA was extended to cover other employees who are not directly in the maritime industry. These are:
The OCSLA includes employees working for the exploration and development of natural Resources of the United States.
NAFIA covers the civilian employees of the non-appropriated fund instrumentalities of Country’s Armed Forces such as those engaged in military welfare and recreational Facilities.
There are many others that may fall under LHWCA. Talk to one of our lawyers. We will see if you can qualify. The Office of Workers’ Compensation Programs administers LHWCA. Offices can be located in different cities all over the country and there is one in New Orleans in Louisiana.