Our Longshoreman Injury Attorneys Fight to Protect American Harbor Workers

When maritime workers suffer injuries, complex federal laws determine their legal rights. The Longshore and Harbor Workers' Compensation Act (LHWCA) covers maritime workers who work on or near navigable waters, but there are numerous nuances and exceptions to who is covered, and the claims process itself is difficult. If you are a longshore worker, harbor worker, ship repair worker, shipbuilder, or similar maritime worker injured on the job, our experienced longshoreman injury attorneys can help you through the legal process.

At Hofmann & Schweitzer, we have an exceptional team handling maritime injuries of all kinds, including claims under the Longshore and Harbor Workers' Compensation Act. Our longshoreman injury lawyers have represented injured clients throughout New York City's five boroughs and New Jersey since 1977, and we help make sure you get the best compensation available under the law.

Call our New York office at 212-465-8840 or our New Jersey office at 908-393-5662 for a FREE case evaluation.

Free Longshore Injury Consultation

What Is the Longshore and Harbor Workers' Compensation Act?

The Longshore and Harbor Workers' Compensation Act is a federal law that provides compensation for injured workers who work on navigable waters or in adjoining areas used in the loading, unloading, repairing, or building of a vessel. It can also provide payment to surviving family members of workers who are killed on the job. The law applies to most workers whose work takes place on a pier, wharf, dry dock, marine railway, or adjoining location. The LHWCA is similar to the Jones Act, but it is much broader in its coverage of employees. Our attorneys explain more about how Longshore and Harbor Workers' Compensation Act claims work and when they apply.

Who Is Eligible for Compensation Under the LHWCA?

The LHWCA covers a number of different types of employees. While the Jones Act is aimed at seamen, the LHWCA covers workers in maritime employment, meaning a majority of the employee's work must involve the water or marine transport. To be eligible, the employee must also work on, near, or adjacent to navigable waters. Not sure if you're covered? Learn when the Longshore Act applies.

Covered employees commonly include:

• Longshoremen and dock workers
• Ship repairmen
• Shipbuilders
• Ship breakers
• Harbor construction workers

The LHWCA also provides coverage for a number of marine, military-related occupations and for those who work on the outer continental shelf. This is not a complete list, and it may be possible to obtain compensation for many different maritime work injuries. Even workers who are not seamen often have strong claims — review the rights of non-seaman maritime workers. Our experienced longshoreman injury attorneys can help you understand your rights and pursue all compensation available, including claims involving dock worker back injuries and occupational diseases under the LHWCA.

LHWCA vs. the Jones Act

Longshore and harbor workers are frequently confused about whether they fall under the LHWCA or the Jones Act. The distinction matters because it determines how you recover and how much:

• The Jones Act covers seamen — crew members with a substantial connection to a vessel in navigation — and lets them sue their employer for negligence.
• The LHWCA is a federal no-fault system covering longshoremen, dock workers, ship repairers, and shipbuilders who are not crew members. It is broader in who it covers but generally does not allow a direct negligence suit against your employer.

Some workers may have rights under more than one law, or a third-party claim in addition to LHWCA benefits. For a deeper explanation, see the differences between the Jones Act and the Longshore Act. Determining which law applies requires careful legal analysis, which is why an early consultation is so valuable.

Benefits and Compensation Under the LHWCA

Claims under the LHWCA are similar to workers' compensation claims. Injured workers obtain compensation through a system that works much like a standard workers' compensation claim, including medical benefits under the LHWCA. It can be possible to obtain a number of different benefits after a maritime work injury, including:

• Temporary total disability — while you are completely unable to work during recovery
• Temporary partial disability — while you can work in a limited capacity during recovery
• Permanent total disability — when your injury permanently prevents you from working
• Permanent partial disability — for lasting impairments that partially limit your ability to work
• Vocational rehabilitation — retraining to help you return to suitable employment
• Death benefits — payments to surviving family members of workers killed on the job

Workers' compensation-style benefits, however, rarely cover the full extent of medical costs and other damages, which is why many injured workers also pursue additional compensation through a third-party claim.

Third-Party Liability Claims for Harbor Workers

Although injured harbor and longshore workers generally cannot sue their employers directly, other options are available. One of the most effective is a third-party liability claim. In these claims, injured workers bring lawsuits against third parties — not their employer or co-workers — who were in some way responsible for the accident.

If the tools being used were defective, a dock itself was faulty, or a third-party vendor or vessel owner acted negligently, the manufacturer, vendor, or owner could be held responsible. Unlike LHWCA benefits, a successful third-party claim can recover full damages, including pain and suffering. Injured dockbuilders should take specific steps after an accident to protect both their LHWCA benefits and any third-party claim.

Deadlines for Filing a Longshore Injury Claim

Time limits under the LHWCA are strict. In general, you must give written notice of your injury to your employer within 30 days, and you must file your claim within one year of the injury — or within one year of when you knew, or should have known, that your injury was work-related. Some situations carry even shorter deadlines. Because evidence disappears quickly and missing a deadline can bar your claim entirely, it is vital to get started as soon as possible after your injury.

Why Choose Hofmann & Schweitzer for Your Longshore Claim

Since 1977, Hofmann & Schweitzer has represented injured maritime workers throughout the New York metropolitan area, including at Port Newark-Elizabeth, the Brooklyn and Red Hook marine terminals, and harbors and dry docks across the region. We have a comprehensive understanding of the LHWCA and have helped many maritime workers qualify for and obtain maximum compensation after a work injury.

We handle longshore and harbor worker injury cases on a contingency fee basis: no upfront fees, we advance all litigation costs, and you owe nothing unless we recover for you. With offices in Manhattan and Raritan, we serve injured workers across Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Newark, Jersey City, and surrounding communities. See our results, including longshore and harbor worker case results such as over $1.5 million for a dock builder and $800,000 for the wrongful death of a longshoreman.

Frequently Asked Questions About Longshore Injury Claims

Who is covered by the Longshore and Harbor Workers' Compensation Act?

The LHWCA covers maritime workers whose jobs involve loading, unloading, repairing, or building vessels on or near navigable waters. Covered workers commonly include longshoremen, dock workers, ship repairers, shipbuilders, ship breakers, and harbor construction workers, as well as certain workers on the outer continental shelf. The law covers workers who are not seamen under the Jones Act, and eligibility depends on both the type of work performed and its location near the water.

What is the difference between the LHWCA and the Jones Act?

The Jones Act covers seamen who are crew members of a vessel and lets them sue their employer for negligence. The LHWCA is a federal no-fault compensation system that covers longshoremen, dock workers, ship repairers, and other maritime workers who are not crew members. The LHWCA is broader in the types of employees it covers, while the Jones Act generally allows a larger recovery because it permits a negligence lawsuit. Which law applies depends on your job duties and your connection to a vessel.

What benefits can I receive under the LHWCA?

The LHWCA provides medical treatment for your work injury and disability benefits, including temporary total disability, temporary partial disability, permanent total disability, and permanent partial disability, as well as vocational rehabilitation. Survivors of workers killed on the job may receive death benefits. Because these benefits often do not cover the full extent of your losses, injured workers may also pursue a separate third-party liability claim for additional compensation.

Can I sue anyone if I'm hurt as a longshore or harbor worker?

You generally cannot sue your employer directly under the LHWCA, but you may be able to bring a third-party liability lawsuit against another party responsible for your injury. If a defective tool, a faulty dock, negligent equipment maintenance, or a negligent vessel owner or contractor contributed to your accident, that manufacturer, vendor, or vessel owner may be held responsible. These third-party claims can provide compensation beyond your LHWCA benefits.

How long do I have to file a longshore injury claim in New York?

Under the LHWCA you generally must give written notice of your injury to your employer within 30 days and file your claim within one year of the injury (or within one year of when you knew, or should have known, that your injury was related to your work). Some situations carry even shorter deadlines. Because these time limits are strict and evidence disappears quickly, it is important to contact a longshore injury attorney as soon as possible.

How much does a longshore injury lawyer cost?

Hofmann & Schweitzer handles longshore and harbor worker injury cases on a contingency fee basis, which means there are no upfront legal fees and you owe nothing unless we recover compensation for you. Your initial consultation is free, and we can evaluate whether you qualify for LHWCA benefits and whether you have a third-party claim at no cost or obligation.

Contact Our New York & New Jersey Longshoreman Injury Attorneys Today

If you have been injured, talk with the lawyers at Hofmann & Schweitzer even if you're not sure whether you have a claim. We'll discuss your situation, help you determine whether you have a viable claim, and explain your rights and options. Our legal team has a comprehensive understanding of the LHWCA, and we have helped many maritime workers qualify for and obtain maximum compensation after a work injury. Some deadlines give injured longshoremen and other marine workers as little as 30 days to provide notice, so it is vital to get started as soon as possible.

New York Office: 212 W 35th St Fl 12, New York, NY 10001 — 212-465-8840
New Jersey Office: 1130 US-202 Ste A7, Raritan, NJ 08869 — 908-393-5662

Proudly serving injured longshore and harbor workers throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Newark, Jersey City, and the entire New York and New Jersey harbor region. Contact us online or call us directly at 800-362-9329 to schedule your free consultation.

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