The short version
- So what is the LHWCA? The LHWCA (Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 and following) is a federal no-fault workers' compensation law for many maritime workers who are not seamen.
- It covers longshoremen, harbor workers, ship repairers, and shipbuilders, not crew members who qualify as seamen under the Jones Act.
- Coverage turns on a two-part status and situs test: the kind of work you do and where you were hurt.
- Benefits include medical care, about two-thirds of your average weekly wage during disability, a scheduled award for permanent injuries, and death benefits. It does not pay pain and suffering.
- Deadlines are short: written notice within 30 days and a claim within one year in most cases.
- Extensions reach overseas contractors, fixed-platform workers, and certain federal employees.
The year Congress passed the LHWCA, later expanded landward by the 1972 amendments.
The share of your average weekly wage the LHWCA generally pays during disability.
The window to give written notice of injury under 33 U.S.C. § 912.
What Is the LHWCA?
Quick answer
The LHWCA is a federal no-fault workers' compensation law for maritime workers who are not seamen. In practice, what is the LHWCA doing for you is simple: it pays medical and disability benefits for a covered dock or harbor injury without making you prove your employer was at fault.
If you were hurt loading a ship or working a terminal, the first question is what is the LHWCA and whether it covers you. The Longshore and Harbor Workers' Compensation Act, codified at 33 U.S.C. § 901 and following, is a federal workers' compensation system for maritime workers on shore-side jobs. Congress passed it in 1927 because these workers fell between the cracks: too connected to the water for ordinary state coverage, but not seamen who could use the Jones Act.
The heart of it is that the LHWCA is no-fault. You do not have to show your employer was careless. If you were injured in covered maritime employment, you are generally entitled to medical care and a portion of your lost wages, paid through a federal program. In exchange, the benefits are set by a schedule and do not include pain-and-suffering damages.
Who runs the program
The LHWCA is administered by the U.S. Department of Labor through its Office of Workers' Compensation Programs (OWCP). Employers must carry LHWCA insurance or be authorized to self-insure, and benefits are usually paid by that insurer rather than the government.
The LHWCA is a federal no-fault benefit for dock and harbor workers who are not seamen. You trade the right to sue for guaranteed medical and wage benefits.
Who the LHWCA Covers: Status and Situs
Quick answer
You are covered if you meet a two-part test. Status means you do maritime work like loading, repairing, or building vessels. Situs means you were hurt on navigable waters or an adjoining area such as a pier, wharf, dry dock, or terminal.
Coverage under the LHWCA turns on a two-part idea lawyers call status and situs. Both halves usually have to be satisfied.
Status: the work you do
Status asks whether you are engaged in maritime employment. Classic examples are a longshoreman loading or unloading a ship, a harbor worker, a ship repairer, a shipbuilder, or a ship breaker. Purely clerical, administrative, or security roles that never touch the maritime work can fall outside it.
Situs: where you were hurt
Situs asks where the injury happened. It covers injuries on the navigable waters of the United States and on adjoining areas customarily used for loading, unloading, repairing, or building a vessel, such as piers, wharves, dry docks, and terminals. The 1972 amendments to the Act extended this landward so that an injury on the dock, not just over the water, can qualify.
Who is excluded
A worker who is a true seaman, with a substantial connection to a vessel in navigation, is excluded from the LHWCA because that worker belongs under the Jones Act. That single distinction drives most coverage fights, and our overview of LHWCA claims walks through how it plays out.
If you do maritime work (status) on or beside the water (situs) and you are not a seaman, the LHWCA likely covers you.
What Benefits the LHWCA Pays
Quick answer
The LHWCA pays for medical care, about two-thirds of your average weekly wage during disability, a scheduled award for permanent injuries, vocational rehabilitation, and death benefits to survivors. It does not pay pain-and-suffering damages.
Because it is a no-fault system, the LHWCA pays defined categories of benefits rather than a jury's verdict. The main ones are these.
Medical care
The Act covers all reasonable and necessary medical treatment for the work injury, and you generally have the right to choose your own treating physician. There is no cap on the medical benefit for a covered injury.
Wage-loss benefits
While you cannot work, the LHWCA pays about two-thirds of your average weekly wage, subject to national minimums and maximums. Payments are meant to start promptly; the first installment is generally due by the fourteenth day after the employer learns of the injury.
Permanent disability and death
For lasting harm, the Act provides a permanent partial disability award, often under a fixed schedule for specific body parts, and continuing benefits for permanent total disability. Payments for temporary conditions usually continue until you reach maximum medical improvement. If a worker dies, survivors may receive death benefits and a funeral allowance.
The LHWCA guarantees medical care and wage benefits without a fault fight, but it does not include the pain-and-suffering damages a lawsuit can.
LHWCA vs. the Jones Act vs. Workers' Comp
Quick answer
The LHWCA covers maritime workers who are not seamen. The Jones Act covers seamen and lets them sue for full damages. State workers' comp covers most land jobs. Your connection to a vessel decides which one applies.
The most common confusion is which law governs your injury. It usually comes down to your relationship to a vessel.
The LHWCA (dock and harbor workers)
If you do maritime work on or beside the water but are not a seaman, the LHWCA is your route. It is no-fault and pays scheduled benefits, but not pain and suffering.
The Jones Act (seamen)
If you are a seaman with a substantial connection to a vessel in navigation, the Jones Act applies instead. It is fault-based but lets you pursue full damages, including pain and suffering, with a jury trial.
State workers' compensation (most land jobs)
Workers with no real maritime connection fall under their state's no-fault system. The line between these frameworks is exactly where disputes arise. For a side-by-side breakdown, see our comparison of the Jones Act vs. LHWCA vs. workers' comp, and our deeper look at which federal framework covers your maritime injury.
Seaman, dock worker, or land worker: the label decides the law. Getting it right can be the difference between a scheduled benefit and a full recovery.
Extensions: Defense Base Act, OCSLA, and More
Quick answer
Several federal laws borrow the LHWCA's benefit structure to cover other workers: the Defense Base Act for overseas contractors, OCSLA for fixed-platform workers, and the Nonappropriated Fund Instrumentalities Act for certain federal employees.
The LHWCA reaches further than the docks because Congress used it as the engine for several other programs. If you work in one of these settings, you may be covered through an extension even if the classic dock-and-harbor test does not fit.
Defense Base Act
The Defense Base Act (42 U.S.C. § 1651) extends LHWCA benefits to many civilian contractors working on U.S. military bases overseas or under U.S. government contracts abroad. It is one of the most heavily used extensions.
Outer Continental Shelf and federal employees
The Outer Continental Shelf Lands Act carries LHWCA benefits to many workers on fixed platforms and structures on the outer continental shelf. The Nonappropriated Fund Instrumentalities Act covers certain employees of military exchanges and morale, welfare, and recreation operations. Each runs on the LHWCA's machinery.
If you are an overseas contractor or platform worker, an LHWCA extension may cover you. The benefit rules are the same; the doorway is different.
Deadlines and Finding a Maritime Injury Lawyer
Quick answer
Give written notice within 30 days and file your claim within one year in most cases. Because the deadlines are short and coverage is often disputed, a maritime injury lawyer who handles LHWCA claims can protect your benefits.
The LHWCA has firm deadlines, and missing them can bar a claim. You generally must give your employer written notice of the injury within 30 days under 33 U.S.C. § 912, and file a formal claim within one year under 33 U.S.C. § 913, or within one year of the last voluntary payment. For an occupational disease that develops slowly, the windows are longer and start when you reasonably connect the condition to your work.
Why the deadlines bite
Short clocks reward early action. Notice protects your claim, gets medical treatment authorized, and starts the benefit timeline. Waiting lets evidence fade and gives an insurer room to dispute that the injury was work related.
How to find the right help
LHWCA cases are a specialized corner of the law, and employers and insurers routinely contest coverage, the average weekly wage, and the degree of disability. A strong maritime injury lawyer should concentrate in this field, be able to point to LHWCA cases they have handled, and work on a contingency fee so you pay nothing up front. Offshore Injury Help is not a law firm and does not give legal advice. What we do is research this field carefully and connect injured workers with vetted maritime attorneys through a simple, confidential intake. If you are ready, you can request a free case review and we will take it from there.
Act fast: 30 days to give notice, one year to file. A specialist protects benefits a generalist might leave on the table.
Sources & Authorities
Every claim in this guide is drawn from primary, freely available sources. Verify anything here for yourself.
- 33 U.S.C. § 901 et seq., Longshore and Harbor Workers' Compensation ActCornell Law School, Legal Information Institute (2025).
- Longshore and Harbor Workers' Compensation Act program and statuteU.S. Department of Labor, Office of Workers' Compensation Programs.
- 33 U.S.C. § 912, Notice of injury or deathCornell Law School, Legal Information Institute (2025).
- 33 U.S.C. § 913, Filing of claimsCornell Law School, Legal Information Institute (2025).
- 33 U.S.C. § 908, Compensation for disability (benefit schedule)Cornell Law School, Legal Information Institute (2025).
- 33 U.S.C. § 905(b), Exclusiveness of liability and vessel negligenceCornell Law School, Legal Information Institute (2025).
- Defense Base Act, 42 U.S.C. § 1651 et seq.U.S. Department of Labor, OWCP. LHWCA extension for overseas contractors.
- Outer Continental Shelf Lands Act, 43 U.S.C. § 1333(b)Cornell Law School, Legal Information Institute. Extends LHWCA to the OCS.
Our editorial standards
Primary sources only
Every claim cites a primary authority: federal statutes, U.S. Supreme Court decisions, and official government sources, all linked to free public databases.
Quarterly review
This guide is reviewed every quarter and updated when maritime law develops. The last-reviewed date reflects our most recent pass.
Editorial, not legal advice
Michael Mangione is a legal research editor, not a practicing attorney. This is educational information, not advice for your situation. For that, speak with a licensed maritime attorney.
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Frequently asked questions
What is the LHWCA?
The LHWCA is the Longshore and Harbor Workers' Compensation Act, a federal no-fault workers' compensation law at 33 U.S.C. § 901 and following. It covers many maritime workers who are not seamen, such as longshoremen, harbor workers, ship repairers, and shipbuilders, and pays medical and disability benefits without requiring proof that the employer was at fault.
Who is covered by the LHWCA?
Coverage turns on a two-part test. Status means you do maritime work such as loading or unloading vessels, ship repair, shipbuilding, or ship breaking. Situs means you were injured on navigable waters or an adjoining area like a pier, wharf, dry dock, or terminal. Workers who are seamen are excluded because they fall under the Jones Act instead.
What is the difference between status and situs?
Status is about the kind of work you do, and situs is about where you were hurt. You generally need both to be covered by the LHWCA. The 1972 amendments extended situs landward so that injuries on adjoining docks, piers, wharves, and terminals can qualify, not just injuries over the water.
What benefits does the LHWCA pay?
The LHWCA pays for reasonable and necessary medical care, about two-thirds of your average weekly wage during disability, a scheduled award for permanent partial disability under 33 U.S.C. § 908, vocational rehabilitation, and death benefits to survivors. It does not pay pain-and-suffering damages the way a Jones Act case can.
How is the LHWCA different from the Jones Act?
The LHWCA is a no-fault system for dock and harbor workers who are not seamen, paying scheduled benefits without proof of fault. The Jones Act is a fault-based law that lets a seaman sue an employer for full damages, including pain and suffering, with a jury trial. The dividing line is your connection to a vessel in navigation.
How long do I have to file an LHWCA claim?
You generally must give written notice of injury within 30 days under 33 U.S.C. § 912 and file a claim within one year under 33 U.S.C. § 913, or within one year of the last compensation payment. For occupational diseases the windows are longer. Because the deadlines are short and strict, act quickly and confirm yours with an attorney.
Does the LHWCA cover overseas or government contract workers?
Often yes, through extensions of the Act. The Defense Base Act extends LHWCA benefits to many civilian contractors working on U.S. military bases or under U.S. contracts abroad. The Outer Continental Shelf Lands Act extends it to many workers on fixed platforms, and the Nonappropriated Fund Instrumentalities Act covers certain federal civilian employees.
Do I need a lawyer for an LHWCA claim?
You are not required to have one, but a maritime injury lawyer who handles LHWCA claims can protect you when an employer or insurer disputes coverage, the average weekly wage, or the extent of disability. Most work on a contingency fee, and a confidential case review is typically free. Confirm all fee terms in writing.