State Workers Compensation Laws
Typically you will receive much greater benefits under the LHWCA than you would under a state law workers’ compensation statute. This is because the LHWCA can sometimes provide compensation benefits for the rest of your life. Almost all state workers’ compensation statutes limit compensation benefits for a certain period of years, typically ten years. Normally the main difference between deciding whether the LHWCA or a state workers’ compensation statute will apply to your claim is the nature and location of the work that you were performing at the time you were injured. The LHWCA applies to maritime or marine related work activities which generally take place adjacent to waterways or on waterways. In comparison, state workers’ compensation statutes generally apply only to traditional “land based” workers who are not exposed to any type of maritime or marine environments and do not work on water or dockside. If your employer is paying benefits under a state workers’ compensation statute but you believe you may qualify under the LHWCA for benefits, it is very important that you pursue a determination that the LHWCA applies to your claim. This may make a significant difference in allowing you to collect benefits for a longer period of time from your employer.

