If you’re a longshore worker, the Longshore and Harbor Workers’ Compensation Act (LHWCA) is meant to protect you when you suffer an injury on the job. In theory, the process is simple: you report the injury, get medical treatment, and receive wage-loss compensation while you recover.
In reality, small mistakes can cost you thousands of dollars in lost benefits. Insurance carriers are experts at exploiting errors—and most longshore workers simply don’t know the pitfalls. That’s why consulting with an experienced longshore attorney or longshore accident lawyer is one of the best defenses you have.
Below are five common mistakes that often reduce LHWCA benefit amounts—and how to avoid them.
Under the LHWCA, injured longshore workers must notify their employer of the injury as soon as possible—generally within 30 days.
See U.S. Department of Labor’s guidance here:
Longshore and Harbor Workers’ Compensation Act – Employee Responsibilities
Delays are one of the most common—and most damaging—mistakes.
How delayed reporting hurts your claim:
- The carrier may argue your injury occurred off the job.
- Evidence, witness memories, and video footage are harder to secure.
- Employers may claim they were never notified.
- You risk missing key statutory notice deadlines.
Better approach:
- Always report injuries in writing immediately.
- Keep a copy (photo or email) for your records.
- Get medical attention and state clearly that the injury is work-related.
How a longshore attorney helps:
- Aligns your written report with your medical documentation.
- Ensures evidence is preserved early.
- Protects you if the employer tries to discourage reporting.
For more detailed help, visit:
Templer & Hirsch – Longshore Injury Compensation Lawyer_
One of the most important rights longshore workers have is the right to choose their own attending physician under the LHWCA (with limited exceptions in emergencies). The Department of Labor’s materials and procedure guidance emphasize that it is the injured worker—not the employer—who selects the treating doctor.
Despite this, many workers are rushed to a “company clinic” or steered to a doctor recommended by the employer or insurer.
Why this can wreck your claim
- The treating physician’s opinion carries enormous weight with judges and claims examiners.
- A doctor who relies heavily on employer or carrier referrals may:
- Downplay the seriousness of your condition
- Clear you to return to work too early
- Underestimate permanent restrictions and future treatment needs
Your rights as a longshore worker
- You generally have a free initial choice of physician authorized under the Act.
- Once you choose, changing doctors may require approval, so your first choice is critical.
How a longshore accident attorney helps
A seasoned longshore accident attorney can:
- Make sure you exercise your right to choose an independent doctor from the very beginning.
- Help you find specialists with real experience in maritime and heavy labor injuries.
- Push back when the carrier tries to use “independent medical exams” simply to cut off your benefits.
If you’re injured in Florida, you can learn more here:
Templer & Hirsch – Longshore Injury Lawyer in Florida
Your Average Weekly Wage (AWW) is the foundation of your money benefits under the Longshore Act. The statute and case law make it clear that Section 10 sets out three alternative methods for computing average annual earnings, which are then divided by 52 to get the AWW.
From that AWW:
- Your compensation rate is usually two-thirds of your AWW,
- Subject to minimum and maximum amounts that change each year based on the National Average Weekly Wage (NAWW).
Common AWW mistakes that cost longshore workers money
- Only counting base hourly pay and ignoring:
- Regular overtime
- Night/shift differential
- Hazard pay or “danger pay”
- Bonuses or incentive pay
- Excluding wages earned from other maritime employers in the prior year.
- Using the wrong Section 10 method (10(a), 10(b), or 10(c)) for your work pattern. DOL
Legal reference materials like the Longshore Benchbook on Section 10 explain how these calculations are supposed to work.
Why it matters in real numbers
- If your true AWW is $1,500/week, two-thirds is $1,000/week.
- If the carrier “forgets” overtime and sets AWW at $1,200/week, your rate becomes $800/week.
- That’s $200/week lost, or over $10,000 in one year of disability.
Recent updates show how large these figures can be. For example, for Fiscal Year 2025 the NAWW was set at $999.55, with a maximum compensation rate of $1,999.10.
How a longshore lawyer protects you
A knowledgeable longshore attorney will:
- Gather pay stubs, union records, W-2s, and tax returns.
- Challenge incomplete or misleading wage calculations from the insurer.
- Argue for the most favorable Section 10 method based on your actual work pattern.
If you suspect your weekly checks are too low, get a second opinion:
Carriers and their lawyers look closely at your treatment pattern. Any gap in care or failure to follow doctor’s orders becomes ammunition to argue:
- Your injury isn’t that serious
- You’ve recovered fully
- You’re not doing your part to get better
Behaviors that insurers use against longshore workers
- Skipping or constantly rescheduling appointments
- Stopping physical therapy early
- Ignoring doctor-imposed restrictions (lifting, climbing, bending, etc.)
- Inconsistent descriptions of pain or limitations
The Longshore Program itself emphasizes that benefits must be based on proper medical documentation and ongoing compliance with treatment.
How to protect your case
- Treat medical appointments like mandatory shifts—you go unless there’s an emergency.
- If you must miss a visit, explain why and reschedule as soon as possible.
- Follow restrictions strictly and talk to your doctor if they’re unrealistic.
- Keep your doctor updated on changes in symptoms or new limitations.
How a longshore accident attorney helps
A seasoned longshore accident lawyer can:
- Explain how treatment gaps may be viewed by the insurer or judge.
- Help document valid reasons for any missed visits (hospitalization, transportation issues, etc.).
- Challenge “non-compliance” arguments used to reduce or cut off benefits.
The U.S. Department of Labor describes the mission of the Longshore Program as ensuring that benefits are provided “promptly and properly” under the LHWCA and its extensions. But the process involves complex statutes, regulations, procedures, and case law—something insurers are experts in.
Handling a claim without a longshore attorney often leads to:
- Missed deadlines and procedural missteps
- Acceptance of lowball settlement offers
- Failure to correct AWW or benefit rate errors
- Weak medical documentation
- No effective response to denials or adverse medical opinions
What a longshore accident attorney does for you
A knowledgeable longshore accident lawyer can:
- Review your entire case and identify underpayments or mistakes.
- Make sure your AWW and compensation rate are calculated correctly.
- Coordinate strong medical and vocational evidence for hearings.
- Represent you before the Office of Workers’ Compensation Programs and administrative law judges.
- Negotiate settlements that reflect your long-term needs, not just short-term pressure.
To learn more about how the firm supports longshore workers nationwide:
Templer & Hirsch – Nationwide Longshore Injury Compensation Lawyer
Longshore work is demanding, high-risk, and essential to global trade. When you’re injured, you deserve the full protection the Longshore and Harbor Workers’ Compensation Act provides—not whatever the insurance company decides to offer.
To recap, the five big mistakes that reduce benefit amounts are:
- Not reporting your injury immediately
- Letting the employer or carrier choose your doctor
- Allowing wage calculation errors to lower your AWW
- Missing appointments or not following medical advice
- Trying to handle a complex Longshore claim without a dedicated longshore accident attorney
If you think any of these mistakes might already be affecting your benefits, or you just want to avoid them from the start, you don’t have to go through this alone.
Speak with an experienced Longshore attorney today:
