Do I qualify for LHWCA benefits? Two tests answer that. The first is the work you do: the Longshore and Harbor Workers' Compensation Act (LHWCA) covers maritime employment, meaning loading and unloading ships, building, repairing, or breaking them, and dock and terminal work. The second is where you were hurt, which must be on or next to navigable waters of the United States, in an area an employer uses for maritime work. Seamen are left out, because the Jones Act covers them, and desk only roles usually fall outside as well.
I am Mark Hirsch. I represent dock and harbor workers in longshore injury claims around the country. The people who call me are usually somewhere in the middle, part of the shift on the pier and part of it in a yard down the street, and the insurer picks whichever half keeps them out. By the end you will know the status test, the situs test, which injuries and illnesses count, what the benefits pay for, and what to do if the first answer is no.
Key takeaways
- Two questions decide it: what kind of work you do, and where you were hurt.
- Loading, unloading, building, repairing, and breaking ships all count as maritime employment.
- Standing on land does not end it. Piers, terminals, and yards used for maritime work can qualify.
- Seamen sit outside the LHWCA and file under the Jones Act.
- Slow injuries count too, such as hearing loss and back damage that built up over years.
- Benefits cover medical care, lost wages, job retraining, and survivor benefits when a worker dies.
What Is the LHWCA?
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides wage replacement, medical benefits, and rehabilitation services to maritime workers injured on the job. It also offers survivor benefits in fatal accident cases.
Importantly, the LHWCA bridges a gap: covering workers who don’t qualify for state workers’ compensation and who aren’t covered under the Jones Act (which protects seamen).
Who Qualifies for LHWCA Benefits?
To determine LHWCA eligibility, two major tests apply:
1. Status Test: Are You the Right Kind of Worker?
To qualify, you must be involved in maritime employment. This includes workers whose jobs are closely related to loading, unloading, building, or repairing ships.
Eligible workers may include:
- Longshoremen
- Harbor workers
- Ship repairers
- Shipbuilders and shipbreakers
- Dock and terminal workers
- Craning and rigging personnel
Not typically covered:
- Office clerks
- Secretaries
- Security personnel
- Marina employees (unless involved in construction)
> Tip: If you’re unsure whether your job qualifies, use our Longshore Injury Settlement Calculator to get a quick, confidential evaluation.
2. Situs Test: Were You Injured in the Right Location?
The injury must occur:
- On or adjacent to navigable waters of the U.S. (docks, piers, wharves, terminals, etc.)
- In areas customarily used by an employer in maritime activity
Even if you work on land, if your duties are connected to maritime commerce near water, you may qualify for longshore benefits.
What Types of Injuries Are Covered?
The LHWCA provides compensation for any injury or occupational illness arising out of employment, including:
- Back injuries from lifting cargo
- Slip-and-falls on wet docks or ships
- Crush injuries from containers or machinery
- Exposure to hazardous chemicals or fumes
- Hearing loss from long-term equipment noise
Whether it’s a traumatic event or a repetitive stress injury developed over time, you could be entitled to maritime injury claims under LHWCA.
What Benefits Can You Receive?
Qualified workers can receive:
✅ Medical coverage
✅ Lost wage compensation (Temporary Total, Temporary Partial, or Permanent)
✅ Vocational rehabilitation
✅ Survivor benefits (for family members in fatal injury cases)
Curious what your case may be worth? Read our blog on real longshore settlement insights for actual examples and typical ranges.
What If I’m Denied LHWCA Benefits?
Don’t panic. You have rights. Many claims are denied at first: often due to paperwork errors, employer disputes, or unclear medical documentation.
But you can appeal the denial, and that’s where the right legal team matters. Templer & Hirsch specializes in handling denied claims and fighting for injured workers to receive the longshore injury compensation they deserve.
How Templer & Hirsch Can Help You
We’ve been representing injured maritime and longshore workers nationwide for decades. Our law firm understands the complex LHWCA system, and we know how to build a winning case from the ground up.
Here’s what we offer:
- Free consultations to evaluate your claim
- Expert-level guidance through LHWCA paperwork and procedures
- Aggressive negotiation with insurance companies
- Nationwide representation
We encourage you to reach out early, especially if your employer is pushing back or trying to force you into an unfavorable settlement.
📞 Contact us today for a free, no-obligation consultation.
LHWCA Eligibility Checklist
Want a quick summary of whether you qualify?
✅ You work in maritime employment (e.g., longshoreman, shipbuilder, dock worker)
✅ Your injury occurred on or near navigable waters of the U.S.
✅ Your injury happened while performing work-related duties
✅ You are not a seaman (those are covered under the Jones Act)
✅ You’re not covered by traditional state workers’ compensation instead
If you checked three or more boxes, you may be eligible for LHWCA benefits. We can help confirm and take the next steps.
Final Thoughts
Navigating maritime law and longshore benefits qualifications can be complicated. The LHWCA provides critical protection for injured dockworkers and harbor employees, but the system isn’t always easy to access alone.
At Templer & Hirsch, we’re here to help you understand your rights and fight for full and fair compensation.
Try our Longshore Injury Settlement Calculator
This is general information, not legal advice; consult an attorney about your situation.
