The Longshore and Harbor Workers’ Compensation Act (LHWCA) is found beginning at Title 33 of the United States Code, Section 900 et seq. (33USCA 900 et seq.) It is a federal statute that provides compensation benefits for LHWCA workers who are injured on the job.

If you fall under the LHWCA due to the nature and location of the work that you were performing for your employer, your recovery of medical and compensation benefits will be controlled by the LHWCA.

If the LHWCA applies to your claim, negligence and comparative fault on your part are irrelevant and do not affect your rights to benefits.

In other words, the LHWCA, as a workers’ compensation type statute, is not dependent on proving negligence or fault against your employer.

Likewise, if you are at fault in whole or in part in causing your own injury, you will still collect full benefits under the LHWCA if the Act applies to you.