Here is the short answer. There is no average longshore settlement. Under the Longshore and Harbor Workers’ Compensation Act (LHWCA), the value of a case is built out of four things: your average weekly wage, whether the hurt body part is one the law puts on a set schedule, how much of your ability to earn a living is gone, and what your future medical care is expected to cost. Two dock workers with the same diagnosis can land far apart because those four numbers are different.
I am Mark Hirsch. I handle longshore and harbor worker claims along with maritime and Defense Base Act cases, and this is the first question on almost every call I take after a dock injury. By the end you will know which parts of a longshore claim carry a dollar value, why a hand is counted differently than a back, what future treatment does to the number, and what you give up on the day you sign.
Key takeaways
- There is no set payout. Your wages and your ability to go back to work move the number more than the name of the injury does.
- Weekly disability benefits are figured from your average weekly wage, generally at two thirds of it.
- Listed body parts such as an arm, hand, or leg follow a formula. A back, neck, or internal injury is measured by lost earning power instead.
- Treatment you still need years from now is part of the value, not an extra.
- You have 30 days to report the injury and one year to file the claim, under 33 U.S.C. sections 912 and 913.
- A settlement usually closes the claim for good, even if your condition gets worse later.
Understanding LHWCA Compensation
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides benefits to maritime workers injured on navigable waters or in adjoining areas like docks, terminals, and shipyards. Unlike traditional workers’ comp, LHWCA offers federally regulated benefits and often applies in situations where state law doesn’t.
Key LHWCA compensation benefits include:
- Medical expenses (fully covered)
- Temporary total disability (TTD) benefits
- Permanent partial disability (PPD) benefits
- Permanent total disability (PTD) benefits
- Vocational rehabilitation services
- Death benefits for survivors
But these are general categories. How much compensation you receive depends on several specific factors.
Key Factors That Affect Longshore Injury Settlement Amounts
No two cases are exactly alike, but there are consistent elements that play a role in determining the value of your claim:
1. Average Weekly Wage (AWW)
Your compensation is typically based on a percentage (usually two-thirds) of your average weekly wage at the time of the injury. This is the foundation for calculating both temporary and permanent disability payments.
> For example, if you earned $1,200/week before your injury, your weekly LHWCA disability benefit would likely be around $800.
2. Extent and Type of Disability
- Temporary vs. Permanent: Temporary injuries may lead to weekly checks during recovery, while permanent injuries can trigger lump-sum settlements.
- Partial vs. Total: The more serious the injury, the more compensation. Total disabilities (like spinal cord injuries or amputations) typically result in higher payouts.
3. Scheduled vs. Unscheduled Injuries
Under LHWCA, injuries are categorized as either scheduled (listed body parts like arms, legs, hands) or unscheduled (back, neck, or internal injuries). Scheduled injuries follow a formula. Unscheduled injuries depend more heavily on wage loss and ability to return to work.
4. Future Medical Costs
In longshore settlements, anticipated future medical care (such as surgeries, therapy, or medication) can significantly raise the value of a case.
5. Vocational Impact
If your injury prevents you from returning to your former job, vocational rehabilitation benefits may be available, and this lost earning capacity is factored into settlements.
6. Negotiation & Legal Representation
Having an experienced Longshore injury lawyer can substantially influence your final settlement. Skilled attorneys negotiate with insurance carriers who often aim to minimize payouts.
Real-World Longshore Settlement Examples
While confidentiality often limits full disclosure, here are general case examples that reflect typical settlement ranges:
- Shoulder Injury (Surgery Required): $85,000 to $120,000
- Lower Back Injury (Unscheduled, Partial Disability): $100,000 to $250,000
- Crushed Foot Injury (Permanent Impairment): $95,000 to $150,000
- Amputation Case (Permanent Total Disability): $300,000+ with lifelong medical benefits
- Death Benefit Settlement: Survivor settlements often range from $150,000 to $350,000 depending on dependents and earnings
These numbers are influenced by wages, treatment costs, and future earning potential, among other elements.
Use Our Longshore Injury Settlement Calculator
Curious about what your case may be worth?
Try our Longshore Injury Settlement Calculator to get a customized estimate based on your unique situation. It takes just a few minutes and can give you a clearer sense of your case’s value.
Why You Shouldn’t Settle Without Legal Advice
Insurance companies may offer a quick settlement, especially if your injury is clearly covered under the LHWCA. But quick does not mean fair.
An experienced Longshore injury compensation lawyer can help ensure:
- All benefits are accounted for (not just weekly wages)
- Your future medical needs are covered
- Vocational and rehabilitation benefits are considered
- You don’t waive important legal rights by accident
Remember, once you accept a settlement, you may not be able to reopen your case: even if your condition worsens.
How to Maximize Your Longshore Injury Compensation
If you’re hoping to get the most out of your settlement, here are a few tips:
- Document everything: Keep records of all doctor visits, work restrictions, and communications with your employer.
- Get medical evaluations: Independent medical opinions can help validate your injury’s seriousness.
- Stay off social media: Insurance companies can and do use social content to challenge claims.
- Consult a Longshore attorney early: The sooner you speak with a lawyer, the better your chances of maximizing compensation.
Don’t miss out on a free consultation from Templer & Hirsch.
Tax treatment is the other half of the question. Longshore Act benefits are generally left out of your income, and our guide to how injury settlements and benefits are taxed explains the exceptions.
Final Thoughts
Every Longshore injury case is different, and settlement amounts vary widely based on wages, injury type, medical needs, and legal advocacy. While it’s possible to navigate the system on your own, partnering with a qualified attorney ensures your rights are protected and your settlement reflects the true cost of your injury.
Use our Longshore Injury Settlement Calculator to start the process, and don’t hesitate to contact a Longshore injury lawyer who knows the system inside and out.
This is general information, not legal advice; consult an attorney about your situation.
