Dockworker Injury
Attorney Houston

The LHWCA is a federal workers' compensation program for maritime workers who don't qualify as Jones Act seamen. It covers longshoremen, harbor workers, ship repairers, shipbuilders, and other workers who load, unload, repair, or build vessels. Unlike state workers' comp, LHWCA is administered federally and provides specific benefits for maritime dock injuries.

LHWCA provides: medical expenses (100% covered, no deductible), temporary total disability (2/3 of average weekly wage), permanent partial disability (based on impairment rating), permanent total disability (2/3 of average weekly wage for life), and death benefits (50% of wages to surviving spouse, plus allowances for children). There is no pain and suffering recovery under LHWCA itself.

Yes. LHWCA allows third-party lawsuits against negligent parties other than your employer. You can sue vessel owners for unseaworthiness, equipment manufacturers for defects, and other contractors for negligence. These third-party claims allow recovery of pain and suffering, which LHWCA doesn't cover, potentially increasing your total compensation significantly.

The Jones Act covers seamen who spend 30%+ of their time on vessels in navigation. LHWCA covers land-based maritime workers like longshoremen and dock workers. Key difference: Jones Act allows negligence lawsuits against employers with full damages (including pain and suffering). LHWCA is no-fault but limits you to scheduled benefits without pain and suffering, unless you have a third-party claim.

You must report your injury to your employer within 30 days to preserve full LHWCA benefits. You then have 1 year from the injury date (or from when you knew/should have known the injury was work-related) to file a formal claim. Missing these deadlines can result in reduced or denied benefits. For third-party claims, you generally have 3 years.

Common dockworker injuries in Houston include: crush injuries from containers and cargo, forklift and heavy equipment accidents, falls from heights or into cargo holds, back injuries from lifting, repetitive stress injuries, exposure to hazardous materials, slip and falls on wet surfaces, and injuries from defective equipment. Container terminal work at Barbours Cut and Bayport creates particularly high crush and fall risks.