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State ALABAMA ALASKA ARIZONA ARKANSAS CALIFORNIA COLORADO CONNECTICUT DELAWARE DISTRICT OF COLUMBIA FLORIDA GEORGIA HAWAII IDAHO ILLINOIS INDIANA IOWA KANSAS KENTUCKY LOUISIANA MAINE MARYLAND MASSACHUSETTS MICHIGAN MINNESOTA MISSISSIPPI MISSOURI MONTANA NEBRASKA NEVADA NEW HAMPSHIRE NEW JERSEY NEW MEXICO NEW YORK NORTH CAROLINA NORTH DAKOTA OHIO OKLAHOMA OREGON PENNSYLVANIA PUERTO RICO RHODE ISLAND SOUTH CAROLINA SOUTH DAKOTA TENNESSEE TEXAS U.S. VIRGIN ISLANDS UTAH VERMONT VIRGINIA WASHINGTON WEST VIRGINIA WISCONSIN WYOMING

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Who Qualifies Under the Longshore and Harbor Workers' Compensation Act

Dock Workers, Repairmen and Other Non-Seamen Are Covered

Land-based maritime workers who are injured on the job are eligible for financial compensation under the Longshore and Harbor Workers' Compensation Act. Longshoremen, dock workers, forklift and crane operators, and people who build, repair, or dismantle vessels are eligible for compensation for work-related injuries and death.

Is My Injury Covered?

In order to qualify for compensation under the Longshore and Harbor Workers' Compensation Act, the injury or death must have occurred upon the navigable waters of the United States, which includes:

• Oceans
• Intra-Coastal waterways
• Adjoining piers
• Wharfs
• Dry docks
• Terminals
• Building ways
• Marine railways
• Other adjoining areas customarily used by an employer in loading, unloading, repairing, dismantling, or building a vessel.

Disqualified Parties

The following classes are not eligible for benefits under the Longshore and Harbor Workers' Compensation Act:

• Officers or employees of the United States, or any agency thereof, or of any State or foreign government, or any subdivision thereof.
• Where the injury was occasioned solely by the intoxication of the employee or by the willful intention of the employee to injure or kill him or herself or another.
• Employees engaged in the business of building, repairing, or dismantling exclusively small vessels (as defined by the law) unless the injury occurs while upon the navigable waters of the United States or while upon any adjoining pier, wharf, dock, facility over land for launching vessels, or facility over land for hauling, lifting, or dry docking vessels.

What If I Am Injured?

If you are injured at a job that is covered by the Longshore and Harbor Workers' Compensation Act, you must take certain steps in order to preserve your rights to be compensated for your injury. In the event you are injured on the job, you must:

• Notify your employer immediately. If you need medical treatment, ask your employer for a Form LS-1, which authorizes treatment by a doctor of your choice.
• Obtain medical treatment as soon as possible.
• Give written notice of your injury within 30 days to your employer on Form LS-201. In the event of a death, notice must also be given within 30 days. Additional time is provided for certain hearing loss and occupational disease claims.
• File a written claim for compensation within one (1) year after the date of injury or last payment of compensation, whichever is later. A claim for survivor benefits must be filed within one year after the date of death. The time for filing claims in certain occupational disease cases has been extended to two years.

Free Legal Consultation is Available

If you are a longshoreman or other maritime worker who was hurt on the job, you may not know if you are covered by the Longshore and Harbor Workers' Compensation Act. At Mark & Associates, P.C., our experienced workers’ rights attorneys can review the circumstances of your injury and advise you of all your legal rights. We will fight to achieve the best possible legal outcome in your case. Contact us today for a free consultation and case evaluation to learn what legal rights you may have. Call 1-866-50-RIGHTS (1-866-507-4448) or fill out the form on this page.