When Does the LHWCA Apply
In order to receive benefits under the LHWCA and have the Act apply to you, you must satisfy the situs and status requirements of the Act. Under the LHWCA the location, or situs, of the accident must occur on or adjacent to a navigable waterway. Additionally, the type or status of the work must be maritime or marine related.
Under the LHWCA the term “situs” means on or near navigable water including the high seas.
Under the LHWCA the term “status” means that the employee is either called upon to do work that is integral to traditional longshore work (such as typical dock work loading and unloading vessels) or is doing such work when injured or is injured on navigable waterways.
Typically the Longshore Act is often determined to apply when other laws and jurisdictions are determined to not apply. In other words, most attorneys representing injured employees will approach the Longshore Act as a jurisdiction to avoid if possible through the application of other laws and jurisdictions. Typically injured employees should seek jurisdiction and application of the Jones Act in place of and instead of the Longshore Act. To learn more about the Jones Act, please visit www.JonesActLaw.com. Typically lawyers advising injured individuals who are even receiving benefits under the Longshore Act will first seek to determine if the injured person can file suit under the Jones Act even though benefits are being paid under the Longshore Act. Please remember, simply because you are receiving benefits under the Longshore Act does not necessarily mean that your claim falls under the LHWCA or that you cannot seek jurisdiction and application of the Jones Act, which may ultimately result in a significantly higher recovery for your injury.
It is critically important that you discuss with a maritime attorney whether the Longshore Act even applies to your claim at the outset of the claim this is especially true if you spent even some of your time working on vessels. If you would like for us to review your claim to determine if the LHWCA truly applies to the facts of your case, please simply complete the form below and we will contact you to provide our opinion. This is the first, and often most important step in determining the amount you can recover due to your injury.
