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Longshore claims: common mistakes that can hurt an injured worker’s case

Jonathan Beiser| Sep 22 2026 13:00

Many injured maritime, dock, and harbor workers rely on the Longshore and Harbor Workers’ Compensation Act (LHWCA) for medical treatment and wage-loss benefits. Understanding the process can feel overwhelming, but avoiding a few common mistakes can make your claim smoother and less stressful. This guide highlights practical steps workers can take to protect their rights.

Delaying the Injury Report

One of the most common issues is waiting too long to report an accident. Even if the injury seems minor at first, notifying your employer right away helps establish a clear record of what happened and when. Quick reporting also prevents disputes about whether the injury was work-related.

Providing Incomplete Medical Records

Accurate and complete medical documentation is essential in any LHWCA claim. Missing test results, doctor notes, or treatment records can slow the process or create confusion about your condition. Make sure each provider you see fully documents your symptoms, work restrictions, and recommended care.

Giving Inconsistent Descriptions of the Accident

Small differences in your accident description can raise avoidable questions. Try to describe what happened in the same clear, simple way when talking to supervisors, medical providers, or anyone involved in your claim. Consistency helps show that your story has not changed over time.

Missing or Skipping Appointments

Whether it’s a scheduled medical visit or an evaluation arranged by the insurance company, missed appointments can slow your claim and create doubt about your injury. If you need to reschedule, doing so promptly keeps your medical care on track and avoids unnecessary delays.

Misunderstanding Wage-Loss Benefits

The LHWCA offers several categories of wage-loss benefits, and each works a little differently. Some workers are surprised to learn that compensation is usually a percentage of pre-injury wages, not the full amount. But wages also can include container royalties and holiday pay.  Knowing how benefits are calculated can help you plan ahead and avoid frustration.

Waiting Too Long to Ask Questions

Many workers hesitate to speak up when something doesn’t make sense. The process can involve new terms, multiple appointments, and unfamiliar paperwork. Asking questions early—whether about deadlines, forms, or benefits—helps you stay informed and confident throughout your claim.

The claims process is easier to navigate when you understand these common pitfalls. Taking proactive steps, keeping clear records, and seeking clarification when needed can make a meaningful difference in how smoothly your Longshore and Harbor Workers’ Compensation Act claim moves forward.