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LHWCA Explained: Your Rights as a Maritime Worker.

What's in this episode

Rusty Messer of Big River Trial Attorneys explains the Longshore and Harbor Workers’ Compensation Act (LHWCA), a federal law passed in 1927 (notably amended in 1972) and administered by the U.S. Department of Labor’s OWCP, created to protect maritime workers not covered by state workers’ comp or the Jones Act. He outlines the two coverage tests—situs (injury on navigable waters or adjoining maritime areas like piers, terminals, shipyards, dry docks) and status (maritime employment such as longshore, harbor, ship repair/build/break)—and key exclusions (clerical/security, certain marina, vendor/driver, agricultural, recreational vessel work, small-vessel work, and vessel crew/seamen). He summarizes benefits (uncapped medical care with physician choice rules, disability categories and wage-based rates with caps, vocational rehab, and death benefits), notes OCSLA extension offshore, explains third-party lawsuits alongside LHWCA claims, and stresses notice/filing deadlines, the administrative hearing/appeal process, and potential fee-shifting for successful claimants.00:00 Welcome and Overview01:09 LHWCA Origins02:15 Situs Test Explained03:44 Status Test and Exclusions06:04 Seaman vs Lo

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