What is the ‘Longshore and Harbor Workers’ Compensation Act’ and how does it affect my claim?

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides protections and benefits for injured maritime workers who are not covered by state workers’ compensation laws. In New Jersey, LHWCA is the primary law that governs compensation for maritime injury cases. Under the LHWCA, injured maritime workers are entitled to medical benefits and wage replacement benefits for their injury. Medical benefits may include reimbursement for medical care, medications, and hospitalization costs. Wage replacement benefits provide for a portion of lost wages while the worker is unable to work. The amount of compensation varies, depending on the severity of the injury, the amount of wages lost, and other factors. In addition to providing benefits, the LHWCA also sets out what an injured maritime worker must do to make a claim for benefits. The worker must first give written notice of their injury to their employer within 30 days of the injury occurring. After this, the worker must submit a claim to the U.S. Department of Labor for review. The Department of Labor will determine if the claim is valid and will provide the worker with a benefits determination. If the claim is accepted, the worker will receive a schedule of payments from the Department of Labor that outlines the amount of benefits and how they will be paid. The worker can also appeal any benefits decisions from the Department of Labor that they disagree with. For any maritime injury cases in New Jersey, the LHWCA is an important law for workers to understand. It provides essential benefits to those injured at sea and sets out the process for filing a claim. Understanding the LHWCA and the claims process is essential to ensuring that injured maritime workers are able to access the compensation they need.

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