If you are waiting on a longshore injury claim, here is the honest answer up front. There is no fixed timeline, because the case moves in stages and any stage can stall. Once a hearing is over and the record closes, a decision from the judge takes about five months on average. Getting to that hearing is what eats the real time: filing the claim, the investigation, an informal conference, then the move to the Office of Administrative Law Judges (OALJ), which alone runs one to two months. A claim the insurance carrier fights takes longer still, since that adds investigation, more conferences, and a longer hearing.
I am Mark Hirsch. I represent dockworkers and other port employees under the Longshore and Harbor Workers’ Compensation Act (LHWCA), and I handle longshore injury claims around the country. The question I hear most is not how much, it is how long, and it usually comes from someone whose checks stopped and whose treatment is on hold. By the end of this you will know what drives the timeline, how long the handoff to the Office of Administrative Law Judges takes, what a carrier dispute adds, and what can still happen after the hearing.
Key takeaways
- No two longshore cases run the same length. Injury severity, the amount of evidence, and how hard the carrier fights set the pace.
- A decision usually lands about five months after the record closes following the hearing.
- The handoff to the Office of Administrative Law Judges takes roughly one to two months by itself.
- Most of the calendar goes to the pre-hearing stage: gathering evidence, witness statements, and settlement talks.
- The hearing is not always the end. Appeals and requests to reconsider add more time.
- Report the injury to your employer within 30 days and file the claim within one year, under 33 U.S.C. sections 912 and 913. Miss either one and the timeline stops mattering.
Key Factors Impacting Duration
Complexity of the Case:
Cases with more intricate details, such as severe injuries, extensive evidence, and complex legal arguments, tend to take longer to resolve.
Initial Steps:
The journey begins with filing a claim at the Division of Longshore and Harbor Workers’ Compensation, followed by an investigation and potentially an informal conference to attempt resolution.
Transfer to OALJ:
If the case remains unresolved, it moves to the Office of Administrative Law Judges (OALJ), where it receives a docket number. This phase can take between one to two months.
Pre-Hearing Process:
This stage involves gathering evidence, collecting witness statements, and engaging in settlement talks. The speed of these activities influences the case’s timeline.
The Hearing Itself:
At this stage, the case is reviewed afresh. The duration of the hearing depends on how complex the evidence and testimony are.
Impact of Insurance Company Disputes
Disputes with insurance companies, such as refusal to pay, can prolong the case.
This may involve deeper investigations, additional settlement conferences, and possibly extended hearings.
Post-Hearing Actions
The process doesn’t end with the hearing. Decision-making, potential appeals, or reconsiderations can further extend the timeline.
Representation and Legal Proceedings
The presence of legal representation can significantly influence the duration of your case.
Experienced attorneys can often navigate the process more efficiently, though legal negotiations can also lead to delays.
Public and Legal Constraints
External factors, like public access to hearings and strict communication rules with judges, can indirectly impact the case duration.
Conclusion Each longshore injury case is unique, and understanding these key factors can help you get a clearer picture of what to expect.
If you’re navigating such a case, remember that patience and persistence are essential.
For personalized advice and representation, feel free to reach out to my office.
Written by Attorney Mark Hirsch
This is general information, not legal advice; consult an attorney about your situation.