Working at a port, shipyard, or dock is uniquely dangerous. Because these environments involve heavy machinery and massive cargo operations on or near the water, maritime workers face physical risks most land-based employees never encounter. When an injury occurs, some maritime workers are covered by the Longshore and Harbor Workers' Compensation Act (LHWCA) instead of state workers' compensation, depending on their job and location. Understanding how this federal coverage works is essential for protecting your livelihood after a serious workplace accident.

 

Who Qualifies for Coverage

 

Not everyone who works near the water qualifies for these federal benefits. To be covered, an injured worker must generally satisfy two specific legal requirements known as the status test and the situs test.

 

First, the status test evaluates your actual job duties. You must perform maritime-related work. This category includes longshore workers, shipbuilders, ship repairers, and maritime construction workers. Clerical staff and a master or member of a vessel's crew are generally excluded from LHWCA coverage; crew members may be covered under the Jones Act instead.

 

Second, the situs test looks at the location where your injury occurred. The accident must happen on the navigable waters of the United States or in an adjoining area customarily used for maritime activity. Qualifying locations typically include docks, piers, terminals, wharves, and dry docks where vessels are loaded, unloaded, or repaired.

 

Types of Injuries Covered

 

The demanding physical nature of maritime work leads to a wide variety of severe injuries. Common claims involve orthopedic trauma from heavy lifting, crush injuries from moving cargo, and falls from scaffolding or ladders. In addition to sudden accidents, the LHWCA can cover work-related occupational diseases and cumulative trauma injuries arising directly from employment. For example, respiratory conditions caused by chemical exposure, repetitive stress injuries, and occupational hearing loss are all valid grounds for a claim. Furthermore, if a workplace injury worsens a pre-existing condition, you may still be entitled to benefits, provided the connection to your employment is supported by sound medical evidence.

 

Key Differences from State Workers' Compensation

 

Navigating a federal claim is very different from handling a state-level workers' compensation case. One of the biggest differences is the benefit rate. Under the federal system, disabled workers typically receive two-thirds of their average weekly wage, and the federal maximum limits are often significantly higher than what Maryland state programs offer. It is crucial to determine the correct jurisdiction early on, as filing in the wrong system can delay your benefits. Additionally, the federal framework has its own specific procedures, specialized forms, and strict deadlines for reporting injuries and filing claims. Employers and carriers may dispute whether a claim belongs under the LHWCA or a state system.

 

How Beiser Law Firm Supports Longshore Claims

 

Proving that you meet both the status and situs requirements can be challenging when insurance adjusters are looking for reasons to deny your claim. Beiser Law Firm understands the complexities of the Longshore and Harbor Workers' Compensation Act. We help injured maritime workers across Maryland and the Chesapeake Bay region navigate the federal filing process. Our team gathers the necessary medical evidence, advocates for accurate wage loss benefits, and fights back against unfair claim denials.

 

Contact Us Today

 

You do not have to face a massive maritime employer or their insurance company alone. If you were injured while working at a port or shipyard, contact Beiser Law Firm to understand your rights under federal law. Call our office at 301-298-1088 or fill out our online contact form to request a consultation. We are ready to help you secure the comprehensive compensation you deserve.