DEATH BENEFITS UNDER THE LHWCA

Under the Longshore Act, a widow and/or surviving children of a deceased LHWCA worker who dies due to a work related injury are entitled to the following percentages of the deceased employee’s AWW following his death:

Widow only-50%

Widow and child-66 2/3%

Widow and children-66 2/3%

One child-50%

Two or more children-66 2/3%

Note:  If a widow remarries under the Longshore Act, they are entitled to a two‑year lump sum dowry, but benefits cease at that time.  Benefits to the dependent children would continue even if the widow remarries.  Dependent children are entitled to receive benefits until the age of majority unless they are a full-time student in an accredited school in which case they are entitled to benefits until their 23^rd birthday.

It goes without saying that the above benefits are shamefully limited.  It is critical to explore any possible third party suits as well as a possible 905(b) claim against the Longshore employer in death cases.  The Longshore Act is poorly suited to even begin to compensate for the death of a husband and father.  If you have lost a loved one and have been told that the Longshore Act applies, please contact us by the form below so we can evaluate ANY possible third party claims or 905(b) claims that may increase your recovery.

Complete this simple form now for us to review your situation. You may be entitled to file a third party claim or avoid Longshore jurisdiction altogether, but we can’t help you if you don’t contact us!
Contact Information
First Name *
Last Name *
Email *
Street Address 1
Street Address 2
City
State
Postal Code
What part(s) of your body was injured? *
Did you spend any of your time on vessels or barges? If so, please explain. *
Did any third party company cause your accident? If so please explain. *
In which state did your injury occur (off of which coastline)? *
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