What Is the Longshore and Harbor Workers Compensation Act (LHWCA)?

If you work on or near the water in Texas — loading cargo, repairing vessels, building ships, or maintaining port facilities — you may be entitled to benefits under a powerful federal law. The Longshore and Harbor Workers Compensation Act (LHWCA) provides workers' compensation-style benefits to maritime workers who are not covered under the
. Understanding whether the LHWCA applies to your situation could mean the difference between full compensation and recovering nothing at all.
Who Does the LHWCA Cover?
The LHWCA applies to workers injured on navigable waters of the United States, or in adjoining areas used in loading, unloading, repairing, or building vessels. The law covers dockworkers, longshoremen, harbor workers, shipbuilders, ship repairers, and ship-breakers. If you work at the Port of Corpus Christi or another Texas port facility, you may be covered. Importantly, the LHWCA does NOT cover seamen — those workers are covered by the Jones Act instead.
How the LHWCA Differs from the Jones Act and State Workers Comp
Many workers wonder whether the Jones Act or the LHWCA covers them. These are separate laws for different workers. The Jones Act covers seamen — those who spend a significant amount of their work time aboard a vessel in navigation. The LHWCA covers workers who are not seamen but work on or near navigable waters. State workers' compensation, by contrast, generally cannot apply to maritime injuries covered by federal law. If you are a dockworker, crane operator, ship repair technician, or warehouse worker at a Texas port, the LHWCA almost certainly governs your claim.
Benefits Available Under the LHWCA
The LHWCA provides significantly more generous benefits than most state workers' compensation programs. Benefits include: compensation for lost wages at two-thirds of the worker's average weekly wage; full medical treatment for all work-related injuries and conditions; vocational rehabilitation if the worker cannot return to their prior job; and permanent total or partial disability benefits if the injury causes lasting impairment. Families of workers killed on the job receive death benefits equal to 50% of the average weekly wage, plus funeral expenses up to $3,000.
How to File an LHWCA Claim in Texas
Filing an LHWCA claim requires prompt action. You must notify your employer in writing within 30 days of the injury. A formal claim on Form LS-203 must be filed with the Department of Labor within one year of the injury or last payment of compensation. Missing these deadlines can bar your claim entirely. Once filed, the employer or insurer has 14 days to begin paying or to contest the claim. Disputed claims go to an informal conference with the District Director, and then potentially to a formal hearing before an Administrative Law Judge.
Why You Need a Maritime Attorney for LHWCA Claims
LHWCA claims are legally complex, and employers' insurers have experienced adjusters and attorneys working against you from day one. A maritime attorney can help you determine which federal law applies to your case, ensure all deadlines are met, gather medical and workplace evidence to support your claim, negotiate with the insurer, and represent you at formal hearings if your claim is denied. Our firm handles maritime injury cases throughout South Texas, including claims for workers at the Port of Corpus Christi and ports throughout the Gulf Coast.
Speak with an LHWCA Attorney — Free Consultation
If you were injured while working at a Texas port, on a vessel, or in any maritime setting, call Anderson Alexander PLLC today. Our attorneys are Super Lawyers rated and take maritime injury cases on a contingency fee basis — no fee unless we win. We serve workers throughout Corpus Christi, the Port of Corpus Christi, and across South Texas. Call (361) 452-1279 for a free consultation.
Anderson Alexander PLLC · 101 N Shoreline Blvd, Suite 420, Corpus Christi TX 78401 · (361) 452-1279

