LHWCA: The Longshore and Harbor Workers Compensation Act in Plain English

✓ Verified October 05, 2026

LHWCA is short for the Longshore and Harbor Workers’ Compensation Act. It is a federal law. It pays medical care and wage benefits to maritime workers hurt on the job. That includes longshore workers, harbor workers, shipbuilders, and ship repairers who work on navigable waters or nearby areas like piers, docks, and terminals. If you were hurt at a port or a shipyard, this may be the system that covers you. This guide explains it in plain English.

The short answer: The lhwca is a federal workers’ comp program run by the U.S. Department of Labor. It pays your medical bills. It also pays two-thirds of your average weekly wage while you cannot work. Starting October 1, 2026, the weekly payment is capped at $2,163.92. Give your employer written notice within 30 days of the injury. File your claim within one year. Occupational disease claims get longer deadlines. Confirm every deadline with the Department of Labor and a licensed attorney.

Who the Lhwca Covers

To be covered, you typically must pass two tests. The first is about your job, often called the “status” test. You must do maritime work, such as loading and unloading ships, building ships, or repairing ships. The second is about where you were hurt, called the “situs” test. You must be hurt on navigable waters or in a nearby area used for that work. Examples include a wharf, dry dock, terminal, or marine railway.

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Some workers are left out. For example, seamen who are crew members of a vessel usually fall under the Jones Act instead. Office clerical workers, marina workers, and people who build small recreational boats are often excluded, too. However, the law reaches further than many people expect. Its benefits also apply through related laws. These include the Defense Base Act for overseas contractors and the Outer Continental Shelf Lands Act for offshore oil and gas workers.

The program is run by the Department of Labor’s Office of Workers’ Compensation Programs (OWCP). Its Division of Longshore and Harbor Workers’ Compensation has district offices around the country. Most benefits are paid by your employer or its insurance company. The government oversees the claim and helps settle disputes.

Key fact LHWCA detail
Who is covered Longshore workers, harbor workers, shipbuilders, ship repairers hurt on navigable waters or adjoining areas
Who runs it U.S. Department of Labor, OWCP, Division of Longshore and Harbor Workers’ Compensation
Wage-loss rate 66 2/3% of your average weekly wage
Maximum weekly rate (Oct. 1, 2026 to Sept. 30, 2027) $2,163.92
Minimum weekly rate (same period) $540.98 (or your actual wage, if lower)
National average weekly wage (same period) $1,081.96
Notice to employer 30 days from injury (Form LS-201)
Claim filing deadline 1 year from injury or last voluntary payment (Form LS-203)
Occupational disease deadlines 1 year notice, 2 years to file, from when you knew of the link to work
Death benefits claim Form LS-262
Employer’s first report Form LS-202, within 10 days of learning of the injury

What the Lhwca Pays

First, the law pays for all reasonable and necessary medical care for your work injury. You generally have the right to choose your own treating doctor. Form LS-1 is often used to authorize that care. You should not get a bill for approved treatment. In most cases, travel costs to medical visits are also covered.

Second, it pays wage-loss benefits. If you cannot work at all, you typically get two-thirds of your average weekly wage. There is a three-day waiting period. However, those three days are paid back if you are out more than 14 days. As of October 1, 2026, the weekly maximum is $2,163.92. Payments for permanent total disability and death also rise each October. That raise follows the national wage index, capped at 5% a year. This year’s increase is 3.90%.

Third, some injuries earn a “schedule award.” This is a set number of weeks paid for a permanent loss of a body part. For example, losing an arm is worth 312 weeks. A leg is 288 weeks, and a hand is 244 weeks. A partial loss is paid as a share of those weeks. Finally, if a worker dies, a surviving spouse may receive 50% of the worker’s wages. Children may add more, up to a total of 66 2/3%. Funeral costs up to $3,000 are also covered.

Body part (Section 8(c)) Weeks of compensation Value at the Oct. 2026 maximum rate
Arm 312 $675,143.04
Leg 288 $623,208.96
Hand 244 $528,996.48
Foot 205 $443,603.60
Eye 160 $346,227.20
Hearing loss, both ears 200 $432,784.00
Thumb 75 $162,294.00

These figures are illustrative. They assume a worker earning enough to hit the weekly maximum. Your own rate depends on your wages and the date of injury. Every case is different, so confirm your figure with OWCP and a licensed attorney.

How to File and the Deadlines

Start by telling your employer in writing. Use Form LS-201, the Notice of Employee’s Injury or Death. Keep a copy. Your employer must then send Form LS-202, the Employer’s First Report of Injury, to OWCP. Next, file your own claim on Form LS-203, the Employee’s Claim for Compensation. Send it to the OWCP district office that covers your area. Families claiming death benefits use Form LS-262.

Key lhwca deadlines: Give written notice to your employer within 30 days of the injury. File your claim (LS-203) within 1 year of the injury. If your employer paid benefits voluntarily, the 1-year clock usually starts from the last payment. For occupational diseases like hearing loss or asbestos illness, you generally have 1 year to give notice and 2 years to file. That clock starts when you knew, or should have known, the illness was tied to work. Confirm your exact deadline with OWCP and a licensed attorney before acting.

If you and the insurer disagree, OWCP will usually hold an informal conference first. If that does not solve it, the case can go to a Department of Labor judge. After that, appeals go to the Benefits Review Board, then to a federal court. Also, if your employer pays late without a good reason, the law adds a 10% penalty. Any settlement must be approved by OWCP or a judge before it is final.

How It Differs From State Workers Comp

The lhwca usually pays more than state programs. Its weekly maximum is tied to the national average wage, not a state’s wages. As a result, many covered workers receive higher checks than they would under state law. You also typically get a free choice of doctor. Its schedule awards are often longer, too. In addition, a single federal set of rules applies, whether you work in Texas, Louisiana, or California.

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However, there are overlaps. Some injured workers may qualify under both the lhwca and a state system. In that case, you generally cannot be paid twice for the same loss. Any state benefits are usually credited against federal benefits. The process is also different. Claims go through federal district offices and federal judges, not a state board. For this reason, it helps to learn which system covers you early.

Frequently Asked Questions

Does the lhwca cover me if I work on a ship?

It depends on your role. Crew members of a vessel are usually “seamen” covered by the Jones Act, not the lhwca. However, dock workers and ship repairers who board ships to work typically are covered. Confirm your status with OWCP and a licensed attorney.

What if I missed the 30-day notice deadline?

Do not give up. A late notice may be excused if your employer already knew about the injury. It may also be excused if the delay did not hurt the employer’s case. File your notice and claim as soon as you can, and ask an attorney to review your situation.

Can I settle my lhwca claim?

Yes, but a settlement only becomes final after OWCP or a judge approves it. Once approved, it usually closes that part of your claim for good. Settlement amounts vary widely, and any estimate is only illustrative. Review any offer with a licensed attorney before signing.

Bottom line: The lhwca is a federal safety net for port, harbor, and shipyard workers. It pays medical care, two-thirds of your wages up to $2,163.92 a week from October 1, 2026, and schedule awards for lasting injuries. State workers comp does not apply to these workers; here is who does: the U.S. Department of Labor’s Division of Longshore and Harbor Workers’ Compensation. Confirm your deadlines and figures with them and a licensed attorney.

Lhwca: Quick Recap

If you remember one thing about lhwca, make it this: the rule is set by the state (or the federal program), not by the insurer, and the official source is linked above. Every figure on this page about lhwca should be confirmed with the agency before you act on it.

Questions about lhwca that this page does not answer are usually answered for free by the state workers’ comp agency’s information line — and, for a disputed claim, by a licensed attorney in a first consultation.

See your state’s exact numbers

What you are owed depends on your state’s benefit caps and deadlines. Start with your state’s settlement and claim guides for the exact figures.

Find Your State’s Workers Comp Guide →

Sources & How to Verify

The figures on this page come from official government and industry sources. Workers’ comp benefit caps, deadlines, and rules change, so always confirm the exact figure with your state’s workers’ comp board or a licensed attorney before acting. Settlement estimates are illustrative, and every case is different.

  • Your state workers’ comp board, division, or commission: the official source for your state’s exact caps, deadlines, and forms — search “[your state] workers compensation board”
  • U.S. Department of Labor (OWCP): dol.gov — federal workers’ compensation overview
  • NCCI: ncci.com — workers’ comp rating and benefit data
  • Social Security Administration: ssa.gov — benefit-cap and SSDI offset data
  • Insurance Information Institute: iii.org — neutral workers’ comp background

Content last reviewed October 2026. If you notice an outdated figure, please contact us.

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