Over 100 Years Of Collective Experience

Are shipyard workers in Virginia covered under the LHWCA?

On Behalf of | Jan 27, 2025 | Shipyard Injuries |

If you work in a Virginia shipyard, it’s important to know your rights in case of a workplace injury. The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides compensation and medical care to certain maritime workers who suffer injuries on the job.

Who does the LHWCA cover?

The LHWCA covers employees in traditional maritime roles, such as shipbuilders, ship repairers, and harbor construction workers. To qualify, your injury must occur on the navigable waters of the United States or in adjoining areas like docks, piers, or terminals used for vessel activities. This means that many shipyard workers in Virginia are eligible for benefits under the LHWCA.

What benefits are available under the LHWCA?

If you’re covered by the LHWCA and get injured at work, you’re entitled to several benefits. These include compensation for lost wages, payment for medical expenses related to the injury, and vocational rehabilitation services if you’re unable to return to your previous job. The act also provides survivor benefits to dependents if a work-related injury leads to death.

Are there exclusions to LHWCA coverage?

While the LHWCA covers many maritime workers, there are specific exclusions. For instance, seamen (members of a vessel’s crew), employees of the U.S. government, and those whose injuries are due solely to their intoxication or willful intent to harm themselves or others are not covered. Additionally, certain employees covered by state workers’ compensation laws may be excluded from LHWCA coverage.

How does Virginia’s state workers’ compensation law interact with the LHWCA?

In some cases, both the LHWCA and Virginia’s state workers’ compensation laws may apply. However, if you’re eligible for federal coverage under the LHWCA, you might be excluded from state workers’ compensation programs. It’s essential to understand which laws apply to your situation to ensure you receive the appropriate benefits.

Understanding your rights under the LHWCA is important for your protection and well-being. If you’re a shipyard worker in Virginia, familiarize yourself with this federal law to ensure you’re covered in the event of a workplace injury.

Archives