Longshore & Harbor Workers

The Longshore and Harbor Workers’ Compensation Act (LHWCA) was enacted in 1927 as a workers' compensation program covering, but not limited to, certain maritime workers, including most dock workers, harbor workers and most other workers in and around docks and shipping terminals who were not otherwise covered by the Jones Act. It was written to provide wage loss and medical benefits for workers who are working on and over navigable water ways under United States jurisdiction. The LHWCA also provides coverage for certain civilian employees on military bases domestic and foreign.
 
We provide the initial “status” test and “situs” test to determine whether an employee meets the minimum requirements for LHWCA benefits. The “status” test has to do with the nature of the work that the employee performed for the employer, while the “situs” test has to do with the location where the employee generally worked for the employer. Only maritime employees who work on, near, or adjacent to navigable water are covered under the LHWCA.
 
Our overall goal is to manage claims in a manner that is most cost effective for our client, while actively engaging them in the decision making process. This includes: 
  • Investigations to be sure our client is properly responsible for a claim
  • Ensuring the claim is legitimately filed by an individual who meets the standards required for “status” and “situs”
  • Identifying claims that pose a great risk to the client so that we engage their legal counsel at the earliest possible time 
  • Enjoining the efforts of an employer’s legal counsel when legal defense becomes necessary 
When legal counsel is necessary, we provide the necessary documents to our clients’ attorneys and works diligently in the review of evidence and helps in the decision process of whether to pursue litigation further or to accept liability. When a claim is accepted for payment, we make indemnity payments on behalf of the client in a timely manner and within the regulatory time frames. This includes payments to medical-related vendors as mandated by the federal fee schedule.
 
Experience, diligence and flexibility are the keys to our high level of service.