Longshore and Harbor Workers Compensation Act in Louisiana

LHWCA

Longshore and Harbor Workers’ Compensation Act. A federal law (33 U.S.C. 901-950) that provides workers’ compensation benefits to maritime employees injured on navigable waters or adjoining areas such as docks, terminals, and shipyards. It is separate from state workers’ compensation and from the Jones Act.

The LHWCA is a federal workers’ compensation program that covers maritime employees injured on navigable waters or adjacent areas in Louisiana. It is not the Jones Act. It is not Louisiana state workers’ compensation. It is its own system with its own rules, deadlines, and benefits.

Morris & Dewett has handled maritime injury cases across Louisiana’s Gulf Coast for over 25 years.

Who the LHWCA Covers and Who It Does Not

The LHWCA covers a specific category of maritime workers. Not everyone who works near water qualifies. The law uses a two-prong test to determine eligibility. You must satisfy both the status test and the situs test.

The Status Test

The status test asks whether your job duties are maritime in nature. Covered workers include longshoremen, dock workers, ship repairers, shipbuilders, terminal operators, stevedores, cargo handlers, harbor construction workers, and port crane operators.

The test focuses on your overall employment duties, not what you happened to be doing at the exact moment of injury. A longshoreman who gets hurt walking to the breakroom still qualifies. The question is whether maritime work is a substantial part of your regular job.

Employers and their insurers frequently argue that a worker does not meet the status requirement. These disputes turn on the leading Fifth Circuit cases on status. Morris & Dewett handles these classification disputes regularly across Louisiana’s maritime corridor.

The Situs Test

situs test

The location requirement for LHWCA coverage. The injury must occur on navigable waters of the United States or on an area adjoining navigable waters that is used for loading, unloading, repairing, dismantling, or building vessels.

The situs test asks where your injury happened. The injury must occur on navigable waters or on an adjoining area customarily used for maritime activity. Qualifying locations include piers, wharves, dry docks, marine railways, loading and unloading terminals, ship repair facilities, and marine construction sites.

Courts have interpreted “adjoining area” narrowly. Being close to water is not enough. The specific location must be an area used for loading, unloading, building, or repairing vessels. A warehouse three blocks from the dock may not qualify. A container yard directly adjacent to the wharf typically does.

Coverage disputes get technical when an employer claims the injury happened outside a covered situs and federal courts in Louisiana must apply the situs test to the facts. Morris & Dewett has litigated situs disputes in all three federal districts in Louisiana.

Who Is Excluded

Several categories of workers are excluded from LHWCA coverage. Vessel crew members and seamen are covered by the Jones Act, not the LHWCA. Government employees, office and clerical workers, recreational marina workers, and small vessel repair workers are also excluded.

Chandris test

The legal test from Chandris, Inc. v. Latsis (1995) that determines seaman status under the Jones Act. The worker must show (1) their duties contributed to the function or mission of a vessel, and (2) they had a connection to a vessel in navigation that was substantial in both duration and nature. Courts generally look for a 30% threshold of time spent aboard.

The seaman versus longshoreman distinction is the most common coverage dispute in Louisiana maritime claims. If you spend significant time aboard a vessel in navigation, you may qualify as a seaman under the Chandris test. That means Jones Act coverage, not the LHWCA. The legal remedies are different. The Jones Act allows full tort damages. The LHWCA provides scheduled benefits. Your classification affects everything.

LHWCA Benefits: Medical, Disability, and Death

LHWCA medical coverage has no deductibles and no co-pays, and disability benefits pay up to two-thirds of your average weekly wage. The program also covers death benefits, vocational rehabilitation, and attendant care.

Medical Benefits

The LHWCA covers all reasonable and necessary medical treatment related to your work injury. This includes doctor visits, hospital care, surgery, medication, physical therapy, and mental health treatment. Travel expenses for medical appointments are covered, including parking, tolls, mileage, and lodging when overnight stays are required.

MMI

Maximum Medical Improvement. The point at which your treating physician determines your condition has stabilized and further treatment will not significantly change the outcome.

You have the right to choose your own treating physician. Your employer cannot force you to see their company doctor. You can also seek second opinions without employer approval. This matters because the company doctor’s opinion on when you have reached MMI directly affects your disability benefits.

Disability Benefits

Temporary total disability

LHWCA benefit category for workers who cannot perform any work during their recovery period. Pays two-thirds of the worker’s average weekly wage until the worker can return to some form of employment or reaches maximum medical improvement.

Temporary total disability benefits pay two-thirds of your average weekly wage while you are completely unable to work. Temporary partial disability benefits pay two-thirds of the difference between your pre-injury wages and your current earning capacity when you return to limited duty.

Permanent total disability

LHWCA benefit category for workers whose injuries prevent them from ever returning to any gainful employment. Pays two-thirds of the worker’s average weekly wage for life, with annual cost-of-living adjustments.

Permanent total disability benefits provide lifetime compensation based on your pre-injury wages, with annual cost-of-living adjustments. Permanent partial disability uses a scheduled benefit system. Loss of an arm equals 312 weeks of compensation. Loss of a finger equals 28 weeks. Each body part has a specific value set by the statute.

The average weekly wage calculation includes overtime, bonuses, and concurrent maritime employment. An incorrect wage calculation reduces every benefit you receive for the life of your claim. Morris & Dewett’s intake process includes a detailed wage analysis before we file anything.

Death Benefits and Vocational Rehabilitation

If a maritime worker dies from a work-related injury, the surviving spouse receives 50% of the deceased worker’s average weekly wage. Additional percentages apply for dependent children. The LHWCA also provides up to $3,000 for funeral expenses.

For workers who cannot return to their previous occupation, the LHWCA provides vocational rehabilitation. This includes job training, education, certification programs, and placement assistance. Attendant care benefits cover home health care or nursing services for workers who need help with daily activities.

How Does the LHWCA Differ from the Jones Act?

The LHWCA and the Jones Act are different laws that cover different workers. Confusing them is a common and expensive mistake in Louisiana maritime claims.

The LHWCA is a workers’ compensation system. It is no-fault. You do not have to prove your employer was negligent. You file a claim, meet the eligibility requirements, and receive scheduled benefits. The tradeoff is that benefits are limited to the statutory schedule.

The Jones Act is a negligence statute. It covers seamen, meaning vessel crew members who have a substantial connection to a vessel in navigation. Jones Act claims allow full tort damages including pain and suffering, loss of enjoyment of life, and punitive damages in certain cases. But you must prove your employer was negligent.

The filing deadlines are different. The Jones Act has a three-year statute of limitations under 46 U.S.C. 30106. The LHWCA requires you to file Form LS-203 within one year of your injury or your last voluntary benefit payment.

Workers misclassified as longshoremen may actually qualify as seamen. If your employer treats you as LHWCA-covered but you spend substantial time aboard vessels, you may have Jones Act rights that provide significantly greater compensation. Morris & Dewett evaluates every maritime client for potential Jones Act eligibility before accepting the employer’s classification.

The Jones Act also provides maintenance and cure, an unconditional obligation to provide living expenses and medical treatment to injured seamen regardless of fault. LHWCA claimants do not receive maintenance and cure.

How the LHWCA Differs from Louisiana State Workers’ Compensation

The LHWCA is federal law; Louisiana workers’ compensation under La. R.S. 23:1101 is state law. Which one covers you depends on where you were injured and what you were doing.

The LHWCA is federal law administered by the U.S. Department of Labor’s Office of Workers’ Compensation Programs. Louisiana workers’ compensation is state law administered through the Louisiana Workforce Commission and state courts. The jurisdictions are separate, and the benefit calculations differ.

LHWCA benefits are based on your average weekly wage with no state-imposed maximum cap on the wage itself. Louisiana state workers’ compensation uses its own formula and applies a maximum weekly benefit rate that the legislature sets annually.

The most significant difference is the LHWCA’s Section 33 third-party claim right. The LHWCA explicitly allows you to collect workers’ compensation benefits and simultaneously sue a negligent third party for full tort damages. Louisiana state workers’ compensation has more restrictive rules governing third-party lawsuits.

Louisiana’s Gulf Coast has significant overlap between maritime and land-based employment. Workers at port facilities, ship repair yards, and offshore support bases frequently face jurisdictional questions. The wrong filing wastes time and may cost you benefits. Morris & Dewett routinely navigates these jurisdictional boundaries for clients across all three federal districts in Louisiana.

What Are Section 33 Third-Party Claims Under the LHWCA?

Section 33 of the LHWCA (33 U.S.C. 933) allows injured maritime workers to sue negligent third parties for full tort damages while collecting LHWCA benefits. LHWCA benefits alone cover medical care and a portion of lost wages. Section 33 allows you to sue a negligent third party for full tort damages on top of those benefits.

Section 33 claim

A provision under 33 U.S.C. 933 of the LHWCA that allows an injured maritime worker to sue any negligent third party (not the employer) for full tort damages while simultaneously collecting LHWCA workers’ compensation benefits. Third parties include vessel owners, equipment manufacturers, and subcontractors.

A Section 33 claim targets anyone other than your direct employer who contributed to your injury. This includes vessel owners, equipment manufacturers, subcontractors, premises owners, and other companies operating at the worksite. If a defective crane made by a third-party manufacturer caused your injury, you collect LHWCA benefits from your employer’s insurer and sue the crane manufacturer for full damages.

What You Can Recover in a Section 33 Claim

LHWCA benefits do not cover pain and suffering, loss of enjoyment of life, or mental anguish. A Section 33 third-party lawsuit does. These are the damages categories that make the difference between receiving a fraction of your lost wages and receiving full compensation for what happened to you.

Accepting LHWCA benefits does not waive your right to file a Section 33 claim. This is a critical point that some insurance adjusters obscure. The two remedies run in parallel.

The Employer’s Lien

Your employer or its insurer has a statutory lien on any Section 33 recovery. This means they are entitled to reimbursement for LHWCA benefits they paid out of your third-party settlement or verdict. An experienced maritime attorney structures the settlement to minimize the lien’s impact on your net recovery.

Comparative Fault

A legal rule that reduces your recovery by your percentage of fault. In Louisiana, if you are 51% or more at fault, you recover nothing. If you are 50% or less at fault, your damages are reduced proportionally.

Louisiana’s Comparative Fault rules apply to the Section 33 tort claim. Since January 1, 2026, Louisiana uses a 51% bar under La. C.C. Art. 2323. If a jury finds you 51% or more at fault, you recover nothing from the third party. This makes comparative fault strategy critical in every Section 33 case.

Section 33 cases require both maritime law expertise and personal injury trial skill. Morris & Dewett handles Section 33 cases alongside LHWCA benefits claims, coordinating both tracks to maximize the total recovery.

Filing an LHWCA Claim: Deadlines and Process

LHWCA claims follow a federal process with strict deadlines. Missing a deadline can eliminate your right to benefits entirely.

Report your injury to your employer as soon as it happens. Verbal notice counts, but written notice is better because it creates a record. Your employer is required to file Form LS-202 (Employer’s First Report of Injury) within 10 days. If they fail to report, they face fines up to $29,221.

You must file Form LS-201 (Notice of Employee’s Injury) within 30 days of the injury. You must file Form LS-203 (Employee’s Claim for Compensation) within one year of the injury date or the last voluntary benefit payment, whichever is later. Missing the one-year LS-203 deadline is the most common procedural mistake in LHWCA claims.

Claims go to the Office of Workers’ Compensation Programs within the U.S. Department of Labor. The process starts with an informal conference with a district director. If the claim is not resolved informally, it moves to a formal hearing before an Administrative Law Judge.

What Happens if Your Claim Is Denied

The employer or its insurance carrier can controvert your claim. This means they formally dispute that you are entitled to benefits. Controverted claims are common in LHWCA cases, particularly when the employer challenges coverage under the status or situs test.

If your claim is controverted, you request an informal conference with an OWCP district director. The district director reviews the evidence and issues a recommendation. This recommendation is not binding.

ALJ

Administrative Law Judge. A federal judge within the Office of Administrative Law Judges who conducts formal hearings in LHWCA disputes. The ALJ hears evidence, examines witnesses, and issues a binding decision that can be appealed to the Benefits Review Board.

If the informal conference does not resolve the dispute, you proceed to a formal hearing before an ALJ. The ALJ hears testimony, reviews evidence, and issues a binding decision. Appeals from the ALJ go to the Benefits Review Board, and from there to the Fifth Circuit Court of Appeals in New Orleans.

Do not sign any documents or give recorded statements to the employer’s insurance carrier without consulting an attorney. Adjusters use early statements to establish facts that undermine your claim later. Morris & Dewett handles all insurer communications from the day of engagement.

Employer Obligations and Worker Rights Under the LHWCA

The LHWCA imposes specific obligations on employers and grants specific rights to injured workers. Knowing these rights prevents employers and their insurers from taking advantage of the power imbalance that exists after a workplace injury.

Employers must maintain safety standards at maritime worksites. They must post notices informing workers of their rights under the LHWCA. They must provide immediate medical attention when an injury occurs. Employers who fail to meet safety obligations face fines up to $14,608.

You have the right to choose your own treating physician. This is federal law. Your employer cannot require you to see a company-selected doctor. You also have the right to seek second opinions without employer approval or retaliation.

The LHWCA prohibits retaliation. Your employer cannot fire you, demote you, reduce your hours, or discriminate against you for filing an LHWCA claim or reporting a safety violation. If they do, you have a separate cause of action for retaliation.

Contingency Fee

A fee arrangement where the attorney is paid a percentage of the recovery and only if there is a recovery. The client pays nothing upfront and owes no attorney fees if the case is unsuccessful.

When workers prevail in disputed claims, the employer must pay reasonable attorney fees. This is a statutory right under the LHWCA, not a discretionary award. The fee structure in these cases is different from standard Contingency Fee arrangements.

Louisiana’s Maritime Economy and LHWCA Claims

Louisiana’s Gulf Coast is one of the busiest maritime corridors in the United States. The Port of New Orleans, Port of South Louisiana, Port of Lake Charles, and Port of Baton Rouge handle massive volumes of cargo, shipbuilding, ship repair, and offshore support operations. Thousands of Louisiana workers fall under LHWCA coverage at these facilities.

LHWCA claims in Louisiana are filed in federal court across three districts. The Eastern District of Louisiana (New Orleans) handles claims from the greater New Orleans area and the Mississippi River corridor. The Western District of Louisiana (Lake Charles, Lafayette, Shreveport) covers the western Gulf Coast. The Middle District of Louisiana (Baton Rouge) handles the capital region and surrounding parishes.

Prescriptive Period

Louisiana’s term for statute of limitations. The legal deadline to file a lawsuit. For personal injury, it is two years from the date of injury under La. C.C. Art. 3493.1 (effective July 1, 2024).

Louisiana’s 2024-2026 tort reform changes affect LHWCA cases at the Section 33 third-party claim level. The comparative fault 51% bar under La. C.C. Art. 2323 applies to third-party tort claims. Louisiana’s two-year Prescriptive Period under La. C.C. Art. 3493.1 governs the filing deadline for the tort component. The LHWCA’s own one-year deadline applies to the workers’ compensation claim separately.

The intersection of federal maritime law and Louisiana state tort reform creates a two-track system that requires an attorney fluent in both. Morris & Dewett handles maritime injury cases across Louisiana and understands how these overlapping deadlines and rules affect your total recovery.