Longshore & Harbor Workers' Compensation Act (LHWCA)
The LHWCA covers workers involved in ship loading, unloading, construction or repair, provided the injury occurs in the right place, known as a “covered situs.” The Act provides benefits to maritime workers injured (1) on navigable waters (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway), or (2) on other adjoining area customarily used by an employer to load, unload, repair, dismantle, or build a vessel. To obtain coverage, an injured worker must show he has the right “status,” i.e., he was engaged in maritime employment on a covered situs.

The premiums and benefits for injured workers under the LHWCA typically dwarf state workers' compensation statutes, and these generous benefits have been extended to a wide range of non-maritime workers. Therefore, workers often push the envelope to expand jurisdiction of the LHWCA. Fitzhugh, Elliott & Ammerman, P.C. has been successful in curbing the tide of creeping LHWCA jurisdiction in appropriate cases, including a landmark decision in the Fifth Circuit holding that an area not yet used for longshore activity is not a longshore situs.

The firm's partners have a combined 55 years of experience with the LHWCA. Tom Fitzhugh has been described as a “longshore icon,” and regularly gives LHWCA seminars across the country and specialized seminars for large longshore employers. Fitzhugh, Elliott & Ammerman, P.C. defends LHWCA claims across the country in over 20 states. The firm serves as counsel for national longshore employers and carriers defending claims by the Director, OWCP. And, the firm serves as consultants to major longshore employers evaluating and improving their claims-handling process. Fitzhugh, Elliott & Ammerman is your one-stop shop for work related to the LHWCA.

THE ABOVE IS NOT INTENDED AS LEGAL ADVICE. PLEASE CONSULT A LAWYER FOR ADVICE ON YOUR INDIVIDUAL SITUATION.