How is a claim made under the Longshore Act?

If you work in the maritime industry in New York, then it is important to understand the laws that protect you if you get injured while on the job. While traditional jobs are covered under the Workers’ Compensation Act, you have protection under the Longshore and Harbor Workers' Compensation Act. According to the U.S. Department of Labor, the LHWCA offers payment for injures if you work in a maritime occupation, excluding seamen.

If you get hurt on the job, you will need to file a claim under the LHWCA. It is your responsibility to alert your employer to your injury within 30 days of noticing symptoms or of the injury occurring. If it is a non-emergency situation, you should ask your employer for the proper form you must file to seek treatment and then get proper medical care. If your death is caused on the job, then your family will need to file a death benefits form to get compensation for your medical care and other benefits.

If you do not follow the proper protocols for filing a claim, you may be unable to collect compensation for lost wages and other claims. However, in most cases, even if reporting is done properly, your medical expenses will still be covered. Do be aware that you will not be covered if it is found you harmed yourself or your injuries were caused by you being intoxicated at the time of the injury. This information is only intended to educate and should not be interpreted as legal advice.