Shipyard Worker Compensation Claims
Shipyard workers face many hazards while building, repairing, or breaking ships. Most of them fall under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This federal law provides no-fault benefits for medical care and lost wages when an injury happens on navigable waters or in adjoining shipyard areas.
Coverage depends on two tests. The status test looks at the worker’s job. Shipbuilders, ship repairers, welders, painters, electricians, crane operators, and similar workers usually qualify. The situs test looks at the location of the injury. Covered places include dry docks, piers, marine railways, and other areas next to navigable waters that the employer uses for vessel work. Workers who meet both tests can claim LHWCA benefits.
The LHWCA offers several types of compensation. Injured workers receive full payment for reasonable and necessary medical treatment. They choose their own doctor in most cases. Disability benefits usually equal two-thirds of the worker’s average weekly wage. Temporary total disability pays this amount while the worker cannot work at all. Temporary partial disability covers the difference when the worker returns at lower pay. Permanent partial disability may pay a scheduled award for specific body parts or a wage-loss award for injuries such as back or head problems. Permanent total disability can continue for life with annual cost-of-living adjustments.
These benefits often exceed state workers’ compensation in both amount and duration. However, the LHWCA does not allow claims for pain and suffering against the employer. The employer’s liability is generally limited to the statutory benefits. Workers may still pursue separate claims against third parties. Under Section 905(b), a shipyard worker can sometimes sue a vessel owner for negligence if the vessel’s condition or crew contributed to the injury. Claims against equipment manufacturers or other contractors may also be possible.
Filing a claim requires prompt action. Workers should report the injury to the employer right away. The employer must file a First Report of Injury (Form LS-202) with the Office of Workers’ Compensation Programs. The worker then files a claim for compensation. Disputes can move through informal conferences, formal hearings before an administrative law judge, and appeals. Time limits apply, so early reporting helps protect the claim.
Shipyard workers should keep detailed records of wages, medical treatment, and work restrictions. Consulting an attorney experienced in LHWCA cases can help determine the correct classification, maximize benefits, and identify any third-party claims. Proper handling of the claim often leads to better medical care and more complete compensation for lost income.