A claim under § 905(b) must be filed within three years of your injury. Technically a claim under § 905(b) is a claim filed under general maritime law which provides for the three year statute of limitations. However, it is always recommended that any claim be pursued as soon as possible. Most good maritime attorneys recommend that claims under 905(b) be filed within one year of the injury if not immediately after the injury. This helps prevent any type of statute of limitations problems which may arise if in fact the claim turns out to be a state law based claim. In such situations the statute of limitations under state law would govern and some states including Louisiana have a one year statute of limitations for most claims. Therefore even if you believe you may be pursuing claim under § 905(b) of the LHWCA, it may turn out that your claim actually falls under state law and is subject to a shorter statute of limitations.

A full listing of all forms used under the LHWCA is available at http://www.dol.gov/esa/owcp/dlhwc/lsforms.htm