Longshore and Harbor Worker Lawyers in Georgia & South Carolina
The Longshore and Harbor Workers’ Compensation Act (LHWCA, 33 U.S.C. § 901 et seq.) provides federal workers’ compensation benefits to maritime workers who are injured on navigable waters or on adjoining piers, docks, terminals, and other waterfront areas — but who do not qualify as “seamen” under the Jones Act. The LHWCA covers a substantial workforce including longshoremen, dock workers, ship repairers, harbor construction workers, marine terminal operators, and other waterfront employees.
At Roden Law, our longshore and harbor worker lawyers serve the busy ports and waterfront industries of Savannah, Charleston, and the Georgia and South Carolina coastline. We help injured workers navigate the federal LHWCA claims process while also pursuing third-party negligence claims that can provide far greater compensation than LHWCA benefits alone.
Who Is Covered by the LHWCA?
The LHWCA covers workers who meet both a situs (location) and status (occupation) test:
- Situs test: The injury must occur on navigable waters of the United States or on an adjoining area customarily used by an employer in loading, unloading, repairing, dismantling, or building a vessel — including piers, wharves, dry docks, marine terminals, and areas adjacent to navigable waters
- Status test: The worker must be engaged in maritime employment, including longshoremen who load and unload cargo, ship repairers and shipbuilders, harbor construction workers, marine terminal operators and clerks, and container freight workers on the waterfront
Workers who do not qualify under the LHWCA include clerical and office workers, security guards, recreational marina employees, and workers covered by state workers’ compensation. Workers who qualify as “seamen” are covered by the Jones Act instead.
LHWCA Benefits
The LHWCA provides several categories of benefits:
- Medical benefits: All reasonable and necessary medical treatment related to the work injury, with no copays or deductibles — the employer or insurer must pay all medical costs
- Temporary total disability (TTD): Two-thirds of the worker’s average weekly wage while unable to work, subject to a maximum weekly rate
- Temporary partial disability (TPD): Two-thirds of the difference between pre-injury and post-injury earning capacity
- Permanent partial disability (PPD): Compensation based on the body part affected and degree of impairment, using a scheduled benefits table
- Permanent total disability (PTD): Two-thirds of average weekly wage for life when the worker is permanently unable to work
- Death benefits: Compensation to surviving dependents, including funeral expenses
Third-Party Claims: Beyond LHWCA Benefits
While the LHWCA bars direct lawsuits against the employer (similar to state workers’ comp), injured longshore and harbor workers can pursue third-party negligence claims against parties other than their employer. Common third-party defendants include:
- Vessel owners: Under 33 U.S.C. § 905(b), a longshore worker injured aboard a vessel can sue the vessel owner for negligence — this is one of the most common and valuable third-party claims
- Equipment manufacturers: Defective cranes, forklifts, rigging, and other waterfront equipment — strict liability and negligence claims
- General contractors: On harbor construction projects, the general contractor may be liable for unsafe conditions
- Other employers: When workers from multiple companies share a worksite, one company’s negligence may injure another company’s employee
Third-party claims allow recovery of full compensatory damages including pain and suffering — far exceeding the scheduled LHWCA benefits. Our attorneys pursue both LHWCA benefits and third-party claims simultaneously to maximize total recovery.
LHWCA Claims Process
LHWCA claims are administered by the U.S. Department of Labor, Office of Workers’ Compensation Programs (OWCP). The injured worker must provide written notice of injury to the employer within 30 days and file a formal claim within 1 year of injury (or 2 years from when the worker knew or should have known the injury was related to employment, for occupational diseases). Third-party negligence claims are subject to the applicable statute of limitations — typically 3 years under general maritime law.
Port Cities We Serve
Our attorneys serve longshore and harbor workers at the Port of Savannah — one of the busiest container ports in the nation — the Port of Charleston, and waterfront operations throughout Georgia and South Carolina. We understand the specific hazards of container terminal operations, ship loading and unloading, and harbor construction in these busy port environments.