Texas LHWCA (Longshore & Harbor Workers’) Lawyer

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal workers’ compensation system that covers maritime workers who are not Jones Act seamen — primarily longshoremen, ship repairers, shipbuilders, ship-breakers, and harbor construction workers. It also covers land-based workers on piers, wharves, drydocks, terminals, and adjoining areas used for loading, unloading, repairing, or building vessels. A Texas LHWCA lawyer at McFarlane Law helps injured harbor workers secure their federal benefits and, when a third party’s negligence caused the injury, pursue the additional Section 905(b) vessel-negligence claim that can dramatically increase the recovery.

Who Is Covered by the LHWCA in Texas

LHWCA coverage has two tests. The “situs” test requires the injury to occur on navigable waters of the United States (including any adjoining pier, wharf, drydock, terminal, building way, marine railway, or other area customarily used for loading, unloading, repairing, dismantling, or building a vessel). The “status” test requires the injured worker to be engaged in maritime employment — loading or unloading vessels, repairing or building vessels, or performing other specified maritime tasks. Texas workers typically covered include longshoremen at the Ports of Houston, Corpus Christi, and Beaumont-Port Arthur; ship repair workers and shipbuilders at Gulf Coast shipyards; harbor crane operators; tankermen loading or unloading barges; and ship-breaking workers. Dispute over coverage — particularly the “maritime nexus” requirement — is common and requires experienced counsel.

LHWCA Benefits: What You Are Entitled To

LHWCA is a federal workers’ compensation scheme and generally bars lawsuits against the employer. Covered workers receive reasonable and necessary medical treatment from a physician of their choice, at no cost. Temporary total disability benefits are paid at two-thirds of average weekly wage up to a federal cap that adjusts annually. Permanent partial disability is paid as scheduled awards for specific losses (arm, leg, eye, etc.) and as continuing compensation for unscheduled losses. Permanent total disability is paid at two-thirds of AWW for life. In death cases, surviving spouses receive 50% AWW (66 2/3% with children). Vocational rehabilitation, independent medical exams, and attorney’s fees are handled through the federal Office of Workers’ Compensation Programs (OWCP). The benefits are valuable, but frequently inadequate — which is where Section 905(b) comes in.

Section 905(b) Vessel Negligence Claims: The Extra Recovery Path

Section 905(b) of the LHWCA allows a covered worker injured by the negligence of a vessel (as distinct from the worker’s employer) to sue the vessel in a civil action. This is the key to meaningful additional recovery in most Texas longshore cases. When a vessel’s crew or owner negligently damages cargo-handling gear, leaves unsafe conditions on deck, or violates the turnover, active-control, or intervention duties recognized under Scindia v. Santa Fe International, the injured longshoreman can pursue full civil damages — pain, mental anguish, full lost wages, impairment — against the vessel. These cases are often the difference between a modest LHWCA-only recovery and a substantial settlement. McFarlane Law evaluates every Texas longshore case for a potential 905(b) claim.

Procedural Rules and Deadlines

Injured longshore workers must report the injury to their employer within 30 days, file a written claim with OWCP within one year, and attend scheduled medical exams and hearings. The federal administrative process goes through informal conferences, formal hearings before an Administrative Law Judge, the Benefits Review Board, and potentially the federal circuit courts of appeal. Section 905(b) claims against vessels are filed in federal district court (or state court under the saving to suitors clause) within three years. Missing deadlines on either track can close doors permanently. Attorney’s fees in LHWCA cases are paid by the employer when benefits are awarded — meaning injured workers pay nothing out of pocket, while McFarlane Law recovers its fees directly from the carrier.

Related Practice Areas

Related: Texas Jones Act lawyer, Texas dock worker injury lawyer, unseaworthy vessel lawyer Texas, Texas offshore injury lawyer, Texas wrongful death lawyer. Hub: Texas maritime injury lawyer.

Talk to a Texas Injury Lawyer Today

If you were injured as a Texas longshoreman, ship repair worker, or harbor construction worker, McFarlane Law can secure your LHWCA benefits and pursue any Section 905(b) claim against the vessel. Free consult. Austin (512) 222-4900, Odessa (432) 803-5000.