LHWCA Longshore Worker Rights: Benefits, 905(b) Claims, and Deadlines

Longshore and harbor workers run a real risk of serious injury every shift, and many do not realize their rights extend well beyond a workers’ compensation check. The Longshore and Harbor Workers’ Compensation Act (LHWCA) is the starting point, but it is not always the only remedy.

This article is for informational purposes only and does not constitute legal advice. LHWCA cases are technical and time-sensitive. Consult a licensed maritime attorney about your specific situation. See our full disclaimer.

Key Facts at a Glance

• The Longshore and Harbor Workers’ Compensation Act, codified at 33 U.S.C. ch. 18, is a federal workers’ compensation program administered by the U.S. Department of Labor’s Division of Longshore and Harbor Workers’ Compensation.
• Eligibility requires passing both the status test (the worker engages in maritime employment) and the situs test (the injury occurred on or near navigable waters, including piers, wharves, terminals, and shipyards).
• LHWCA disability compensation is generally two-thirds of the worker’s average weekly wage (AWW), capped at a maximum based on the national average weekly wage (NAWW).
• For the year beginning October 1, 2025, the U.S. Department of Labor set the NAWW at $1,041.35, the maximum weekly compensation rate at $2,082.70, and the minimum at $520.68. (Source: DOL LHWCA Bulletin No. 25-01.)
• Section 905(b) of the LHWCA, 33 U.S.C. § 905(b), permits a covered worker to bring a third-party negligence lawsuit against a vessel owner separate from LHWCA benefits.
• Workers must report the injury to the employer within 30 days and generally file a written claim within one year.
• The U.S. Supreme Court held in Sun Ship, Inc. v. Pennsylvania, 447 U.S. 715 (1980) that LHWCA and state workers’ compensation can apply concurrently to land-based injuries within LHWCA coverage.

If you have been hurt working as a longshoreman, harbor worker, ship repairer, shipbuilder, or in any related job on or near U.S. navigable waters, the LHWCA is likely the framework that governs your medical care and disability benefits. But it is not the whole story. Many injured longshore workers have a second, separate legal claim, a vessel negligence claim under Section 905(b), that can recover compensation the LHWCA itself does not pay. Understanding both, and how they fit together, is often the difference between a workers’ comp check that runs out and a fuller recovery.

This guide explains who is covered, what benefits the LHWCA pays, the critical deadlines, and the vessel-negligence claim that many workers and even some employers do not bring up. Every case is different, and nothing here replaces speaking with an experienced maritime attorney. But knowing the structure puts you in a far stronger position from day one.

What Is the Longshore and Harbor Workers’ Compensation Act?

The LHWCA is a federal workers’ compensation statute, enacted in 1927, that covers most maritime workers who are not classified as seamen under the Jones Act. It is a “no-fault” system: the worker does not have to prove the employer did anything wrong, only that the injury arose out of and in the course of employment. In exchange, the employer is generally immune from being sued in tort by the worker.

That trade-off is what makes Section 905(b) so important. While the employer has tort immunity for ordinary negligence under the LHWCA, the vessel owner does not, and many longshore injuries happen on or because of a vessel. So even when LHWCA benefits are flowing, a separate third-party claim against the vessel may be available, with broader damages.

Who Is Covered by the LHWCA?

LHWCA coverage hinges on two tests, both of which must be satisfied. This is a frequent point of dispute in real cases, and getting it right matters.

The Status Test

The status test asks: what kind of work does the employee perform? Covered workers include longshoremen (loading and unloading cargo), ship repairers, shipbuilders, ship-breakers, harbor construction workers, and others engaged in maritime employment. Workers whose duties are purely clerical or administrative do not generally meet status, even if their employer is a maritime business. Drivers who haul shipping containers and mechanics who service that equipment may meet status if their work is sufficiently maritime.

The Situs Test

The situs test asks: where did the injury happen? Coverage requires that the injury occur on or near the navigable waters of the United States. Beyond the water itself, “situs” includes adjoining piers, wharves, dry docks, terminals, marine railways, and other adjoining areas customarily used by the employer in loading, unloading, repairing, dismantling, or building a vessel.

Who Is Not Covered

Several categories are excluded from LHWCA coverage. Seamen (covered by the Jones Act) are excluded; office and clerical workers who do not engage in maritime work; recreational-vessel shipbuilders working on vessels under 65 feet (in most cases); and marina employees not engaged in construction, replacement, or expansion (apart from routine maintenance).

What Benefits Does the LHWCA Pay?

LHWCA benefits fall into several categories: medical care, wage-replacement disability benefits, vocational rehabilitation, and survivor benefits.

Medical Benefits

The LHWCA covers all reasonable and necessary medical care for the work-related injury: physician visits, surgery, prescription medications, hospitalization, physical therapy, prosthetics, and other treatment. The worker generally has the right to choose his or her own physician.

Disability Benefits

Disability benefits are paid at two-thirds of the worker’s average weekly wage (AWW), subject to a maximum and minimum set by the U.S. Department of Labor each October 1.

For the year October 1, 2025 through September 30, 2026, the national average weekly wage (NAWW) is $1,041.35, the maximum compensation rate is $2,082.70 per week (200% of NAWW), and the minimum is $520.68 (50% of NAWW). (Source: DOL LHWCA Bulletin No. 25-01.) The DOL recalculates these rates annually based on Bureau of Labor Statistics data.

There are four classes of disability benefits, depending on how severe the disability is and whether the worker can return to work: temporary total disability, temporary partial disability, permanent total disability, and permanent partial disability. Permanent partial disability can be a “scheduled” award (for loss of specific body parts listed in 33 U.S.C. § 908(c)) or based on lost wage-earning capacity.

Survivor Benefits

If a covered worker dies because of a work injury, the LHWCA pays funeral expenses up to a statutory limit and weekly benefits to dependent survivors. The widow or widower generally receives 50% of the deceased’s AWW; dependent children receive additional shares. Total benefits cannot exceed the statutory maximum.

Vocational Rehabilitation

For workers who cannot return to their prior occupation, the LHWCA provides vocational rehabilitation services administered through the DOL’s Office of Workers’ Compensation Programs.

The Section 905(b) Vessel-Negligence Claim: What Most Workers Do Not Realize

Section 905(b) is one of the most important provisions of the LHWCA, and one of the most overlooked by injured workers. It allows a longshore worker injured by the negligence of a “vessel” to bring a separate, third-party lawsuit against the vessel owner, on top of LHWCA benefits. The damages in a Section 905(b) claim can include pain and suffering, full lost wages (not just two-thirds), loss of earning capacity, and other tort damages the LHWCA itself does not provide.

The term “vessel” under the LHWCA is defined to include the vessel’s owner, owner pro hac vice, agent, operator, charterer, bareboat charterer, master, officer, and crew member. (Source: 33 U.S.C. § 905(b).)

In Scindia Steam Navigation Co. v. De los Santos, 451 U.S. 156 (1981), the U.S. Supreme Court laid out three legal duties that a vessel owner owes longshore workers loading or unloading the vessel.

The Three Scindia Duties of Vessel Owners

Duty	When it applies	What the vessel owner must do
Turnover duty	When the vessel is turned over for cargo operations	Exercise ordinary care so the ship and equipment can be worked safely; warn of hidden hazards
Active control duty	While the vessel remains in active control of areas where workers are present	Exercise reasonable care to prevent injury in areas under the vessel’s active control
Duty to intervene	When the vessel knows of a hazard during cargo operations	Intervene if the stevedore’s judgment is “obviously improvident” and the danger is known
Comparative fault rule	When the worker is partly at fault	Damages are reduced by the worker’s percentage of fault; the claim is not barred
Damages available	In addition to LHWCA benefits	Full lost wages, pain and suffering, loss of earning capacity, medical expenses, loss of consortium where applicable
Filing deadline	Statute of limitations	Generally three years from the date of injury under maritime law

Common 905(b) fact patterns include slip-and-fall on an oily or wet deck, malfunctioning gangway, unsecured cargo or hatch covers, defective ship equipment, inadequate lighting in cargo holds, and crew negligence in operating ship machinery while longshore workers are on board.

Importantly, an injured worker does not have to choose between LHWCA benefits and a 905(b) claim. Both can be pursued at the same time. The LHWCA carrier has a lien against any 905(b) recovery (so the carrier gets reimbursed for benefits paid), but the worker generally still nets significantly more by pursuing both than by accepting LHWCA benefits alone.

How Does LHWCA Compare to the Jones Act?

This is one of the most important distinctions in maritime injury law, and one where workers are sometimes misclassified, costing them significant compensation. The Jones Act covers seamen, those with a substantial connection to a vessel in navigation. The LHWCA covers longshore and harbor workers, ship repairers, shipbuilders, and similar workers. The two are mutually exclusive: a worker cannot be a Jones Act seaman and an LHWCA longshore worker at the same time for the same injury.

Feature	LHWCA	Jones Act
Covers	Longshore workers, ship repairers, shipbuilders, harbor workers	Seamen with substantial connection to a vessel in navigation
Fault requirement	No-fault; benefits paid regardless of negligence	Must prove employer (or vessel) negligence (very low “featherweight” causation standard)
Compensation type	Scheduled medical + 2/3 AWW disability benefits	Full tort damages: lost wages, pain and suffering, future losses
Pain and suffering	No under LHWCA itself; available via 905(b) third-party claim	Yes
Maintenance and cure	Not applicable	Yes, separate maritime duty from employer
Third-party suits	Section 905(b) against vessel; Section 933 against other non-employer third parties	Available against non-employer third parties
Forum	Administrative claim through DOL OWCP; appeals to ALJ and Benefits Review Board	Civil lawsuit in federal or state court; right to jury trial

Disputes over whether a worker is a seaman or a longshore worker are common, especially for workers on platforms, work barges, and offshore-support vessels. The U.S. Supreme Court’s two-part seaman test in Chandris, Inc. v. Latsis, 515 U.S. 347 (1995), governs the seaman question. If a worker was misclassified as LHWCA when he or she should have been a Jones Act seaman, the lost compensation can be substantial.

What Are the Deadlines Under the LHWCA?

LHWCA deadlines are unforgiving, and missing them can foreclose the claim entirely. There are three to know:

• Notice to employer: 30 days. An injured worker must give written notice of the injury to the employer within 30 days of the injury (or, for occupational disease, within 30 days of becoming aware of the relationship to employment).
• Filing the formal claim: 1 year. A formal claim for compensation must generally be filed within one year of the injury (or for occupational disease, within two years of awareness).
• Section 905(b) third-party claim: 3 years. The vessel-negligence claim under maritime law generally must be filed within three years of the injury.

If the employer or insurance carrier pays compensation voluntarily, the deadline for filing a formal claim is extended. But assuming voluntary payment will continue is risky: the moment payments stop, the clock can start again, and workers who relied on the carrier’s word have lost claims that way.

What Happens When LHWCA Benefits Are Denied?

When the carrier denies or contests the claim, the worker receives a Notice of Controversion. From there, the case can be referred to the DOL’s Office of Administrative Law Judges for a formal hearing before an administrative law judge (ALJ). Adverse ALJ decisions can be appealed to the Benefits Review Board and, ultimately, to the U.S. Court of Appeals. This is a real legal process, not a paperwork exercise, and most injured workers benefit from representation, especially when the carrier is disputing average weekly wage, the nature of disability, or whether the injury arose from employment.

Can I Get State Workers’ Comp Too?

In some situations, yes. The U.S. Supreme Court held in Sun Ship, Inc. v. Pennsylvania, 447 U.S. 715 (1980), that the LHWCA does not preempt state workers’ compensation for injuries that occur on land but are within LHWCA coverage. The two systems can operate concurrently, with offsets to prevent double recovery. This matters because state systems sometimes provide benefits the LHWCA does not (or vice versa). The interaction is highly fact-specific.

What About Workers on Offshore Platforms?

The LHWCA was extended by the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. ch. 29, to cover workers injured on fixed platforms on the U.S. outer continental shelf, primarily oil and gas workers on platforms in the Gulf of Mexico. Whether OCSLA-LHWCA or the Jones Act applies depends largely on whether the worker is a “seaman” on a vessel or a worker on a fixed platform. This is the same vessel-vs-platform distinction we cover in detail in our offshore oil and gas injuries guide. Workers on jack-up rigs in jacked-down (floating) mode, semisubmersibles, and drillships are typically Jones Act seamen; workers on fixed platforms typically fall under OCSLA-LHWCA.

Common LHWCA Disputes

The most common disputes that arise in LHWCA cases include:

• Coverage disputes: Whether the worker passes both status and situs tests.
• AWW calculation disputes: The compensation rate is two-thirds of AWW, so getting the AWW right is critical. Carriers sometimes calculate it too low.
• Maximum medical improvement (MMI) disputes: When the worker has stopped healing, temporary disability ends and the case may move to permanent disability evaluation, sometimes prematurely.
• Suitable-alternative-employment disputes: The carrier may argue the worker can perform some other job, reducing permanent total to permanent partial.
• Section 8(f) special fund disputes: An employer-carrier may seek to shift liability to the special fund where a prior condition contributed to the disability.
• Average weekly wage calculations for irregular workers: Many longshore workers work irregular shifts; AWW calculation under the LHWCA’s specific provisions can be contested.

Frequently Asked Questions

Who qualifies for LHWCA benefits?

A worker qualifies if both the status test and situs test are met. The status test requires that the worker engage in maritime employment, loading or unloading vessels, ship repair, shipbuilding, harbor construction, or similar work. The situs test requires that the injury occur on or near navigable waters, including piers, wharves, terminals, marine railways, dry docks, and shipyards. Pure office workers, recreational-vessel shipbuilders (vessels under 65 feet), and seamen covered by the Jones Act are excluded.

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

The LHWCA covers longshore and harbor workers and pays no-fault workers’ compensation benefits. The Jones Act covers seamen and allows tort damages for negligence, including pain and suffering. The two are mutually exclusive: a worker is either a seaman or a longshore worker for purposes of a given injury, not both.

What is a Section 905(b) claim?

Section 905(b) of the LHWCA allows an injured longshore worker to bring a third-party negligence lawsuit against a vessel owner, in addition to receiving LHWCA benefits. The vessel owner has three duties (turnover, active control, duty to intervene) established by the Supreme Court in Scindia Steam Navigation. If the vessel breached one of those duties and the breach caused the injury, the worker may recover tort damages including pain and suffering and full lost wages.

Can I get both LHWCA benefits and a 905(b) lawsuit recovery?

Yes. A worker does not have to choose. LHWCA benefits and a 905(b) recovery can be pursued at the same time. The LHWCA carrier typically has a lien against any 905(b) recovery (to recoup benefits paid), but the worker generally still nets significantly more than by accepting LHWCA benefits alone.

How much does the LHWCA pay?

Disability compensation is generally two-thirds of the worker’s average weekly wage, subject to a maximum and minimum set by the U.S. Department of Labor. For the year beginning October 1, 2025, the maximum is $2,082.70 per week and the minimum is $520.68 per week. Medical care for the work injury is covered in addition to the disability benefit.

How long do I have to file?

You must notify your employer in writing within 30 days of the injury and file a formal claim within one year (with a separate two-year rule for occupational diseases). A Section 905(b) vessel-negligence claim must generally be filed within three years of the injury. Missing these deadlines can bar the claim. Request a free case review if you are uncertain about your deadlines.

What if my LHWCA claim is denied?

If the carrier denies or disputes your claim, you receive a Notice of Controversion. From there, the case can be referred to the DOL’s Office of Administrative Law Judges, with appeals to the Benefits Review Board and the U.S. Court of Appeals. Most workers benefit from representation through this process.

Does state workers’ comp apply too?

It can, for land-based injuries within LHWCA coverage. The Supreme Court in Sun Ship v. Pennsylvania (1980) held that state and federal coverage operate concurrently, with offsets to prevent double recovery. Whether to pursue state benefits depends on the specific state, the specific injury, and your overall recovery strategy.

Are foreign workers and contractors overseas covered?

The Defense Base Act (DBA) extends LHWCA coverage to civilian contractors working overseas for the U.S. military and certain federal contracts. Many DBA cases use the LHWCA framework but apply to injuries in places like Iraq, Afghanistan, and other overseas worksites. See our Defense Base Act guide for more.

---

References and Sources

1. Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. ch. 18. Legal Information Institute, Cornell Law School. (Source: law.cornell.edu)
2. 33 U.S.C. § 905 (Exclusiveness of liability; Section 905(b) vessel negligence). Legal Information Institute, Cornell Law School. (Source: law.cornell.edu)
3. U.S. Department of Labor, Division of Longshore and Harbor Workers’ Compensation. (Source: dol.gov/agencies/owcp/dlhwc)
4. U.S. Department of Labor, LHWCA Bulletin No. 25-01 (National Average Weekly Wage, Min/Max Compensation Rates, Effective October 1, 2025). (Source: dol.gov)
5. Sun Ship, Inc. v. Pennsylvania, 447 U.S. 715 (1980). U.S. Supreme Court. (Source: supreme.justia.com)
6. Scindia Steam Navigation Co. v. De los Santos, 451 U.S. 156 (1981). U.S. Supreme Court. (Source: supreme.justia.com)
7. Chandris, Inc. v. Latsis, 515 U.S. 347 (1995). U.S. Supreme Court. (Source: supreme.justia.com)
8. Outer Continental Shelf Lands Act, 43 U.S.C. ch. 29. Legal Information Institute, Cornell Law School. (Source: law.cornell.edu)

---

Editorial Standards and Review

This article was researched and written in accordance with our Editorial Standards. Every legal explanation, statute citation, court decision, and benefit-rate figure is traced to authoritative primary sources: federal statutes, U.S. Supreme Court decisions, and the U.S. Department of Labor. We follow a zero-hallucination policy: where a fact could not be verified against a reliable source, it was not included. LHWCA benefit rates are updated annually each October by the DOL; this guide is reviewed and updated as rates and law evolve. Last reviewed: May 2026.

This article is for general informational purposes only and does not constitute legal advice. Offshore Injury Help is not a law firm and does not provide legal advice. Reading this article does not create an attorney-client relationship. Every case is different; consult a licensed maritime attorney about your specific situation.