​​Gorden GIULIANO & Associates

The Longshore and Harbor Workers' Compensation Act ("LHWCA")


BACKGROUND


​          The Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901 et seq., is often referred to as the Longshore Act, the LHWCA, orfederal comp.  The Longshore Act is a ​       federal statute enacted by the U.S. Congress for the purpose of providing workers' compensation benefits to men and women injured on or near the navigable waters of the United             States.


​          The Longshore Act provides greater wage replacement benefits than the New York or New Jersey state workers' compensation programs.​  Therefore, in nearly every instance, an         injured person will receive a larger weekly paycheck under the Longshore Act than he or she would under the New York or New Jersey state workers' compensation programs.


​          Longshore Act benefits are available to those who work on the waterfront or near the waterfront performing tasks that are in some way related to maritime commerce.  Generally,           workers involved in stevedoring operations, cargo handling, maritime construction or demolition, and a whole host of other activities, are covered by the Longshore Act and should             receive increased wage replacement benefits.


YOU NEED EXPERIENCED MARITIME LAWYERS


​          Whether you are covered by the Longshore Act is not black and white.  In fact, there are many cases where injured workers might be covered by the Longshore Act or might be             covered by the state compensation program.  And in a lot of those cases, the employers and their insurance carriersautomatically decide to provide state workers' compensation               benefits without ever consulting with the injured workers.  In other cases, employersand insurance carriers decide to provide Longshore Act benefits to injured workers, but instead of       using the statutory method for calculating wagereplacement benefits, they use a much simpler formula that oftentimes leaves those injured workers receiving less money than they           should.


​          The Longshore Act is a powerful statute for those that it covers, but it is not easy to interpret or navigate.  There are many ways that it can bemisapplied and there are many hidden       traps.  If you think that there is any chance that you should be receiving Longshore Act benefits or you are receiving them now, please contact lawyers who know how to handle                 Longshore Act cases right away.  No workers' compensation program will completely replace your normal wages while you are recuperating, and that is why you must be certain that         you are getting every penny that you​deserve and every bit of medical care that you need to get healthy again. 


​          If you would like a free consultation with one of our lawyers, please submit the requested information through our "Contact Us" page or

​     call us directly at (516) 214-8450.