Houston Longshore and Harbor Workers’ Compensation Act Lawyer

The Longshore & Harbor Workers’ Compensation Act

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law designed to provide benefits to injured maritime workers or workers who suffer from occupational diseases. The LHWCA protects maritime workers who might not fall under other workers’ compensation systems, such as state-regulated compensation.

These protections are available to a variety of roles, including:

• Dock workers
• Ship builders and repairmen
• Longshoremen
• Harbor workers

Texas Workers Compensation vs. LHWCA Protection

All states in the U.S. offer some version of a mandated worker’s compensation program. Under Texas law, state workers compensation covers:

• Medical Benefits – If your injury was obtained at work, workers compensation should cover 100% of your medical costs, including future care, as long as it is reasonably related to your work injury.
• Partial Wage Loss – Texas’ workers compensation laws typically reimburse you for around 75% of your lost income due to injury or temporary disability.
• Death & Burial Benefits – In the event that your loved one passes away from a work related injury, workers comp should pay for the majority of death and burial costs. These benefits also provide living family members with a portion of their loved one’s lost income.

LHWCA Benefits in Texas

The Longshore and Harbor Workers Compensation Act is designed to offer enhanced protection and benefits to maritime employees, commensurate with the risk level of these particular jobs.

Most notably, the LHWCA offers a higher percentage of wage coverage than traditional workers compensation plans. Simultaneously, this policy allows you to have access to partial disability benefits, which most state-based workers comp plans don’t cover.

LHWCA benefits are also universal, as this is a federal program. That means that no matter what state you live in, the protections are the same.

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Who Qualifies for the Longshore and Harbor Workers’ Compensation Act?

You must be an employee working in maritime employment, and your injury must have occurred on or near navigable waters. Unlike state workers’ compensation laws, the LHWCA is specifically tailored to cover maritime occupations, but it doesn’t apply to all maritime workers. For example, seamen covered under the Jones Act or crew members on vessels would seek compensation through that law instead.

People eligible for LHWCA benefits often include:

• Longshoremen
• Harbor workers
• Dock workers
• Shipbuilders
• Other workers involved in maritime construction

If you’re working in the capacity of repairing, loading, or unloading ships or operating machinery on a dock or wharf, you likely qualify under this act. A Longshore and Harbor Workers’ Compensation Act lawyer can help you determine if your role qualifies.

What Are the Benefits?

The LHWCA provides multiple benefits to injured maritime workers and their families. If you are hurt or become ill due to workplace conditions, you’re entitled to compensation for medical expenses. This compensation covers all necessary treatments for your injury or illness, from doctor visits and surgeries to medication and rehabilitation. You’re also eligible for compensation for lost wages if your injury prevents you from working. These wage replacement benefits are calculated based on your average weekly wage, and typically, you receive a portion of this amount until you are fit to return to work. If your injury results in a permanent disability, you may also be entitled to long-term benefits.

Whether the disability is partial or total, the LHWCA provides financial compensation to help support you if you can’t fully return to your job. A Longshore and Harbor Workers’ Compensation Act lawyer from Armstrong Lee & Baker LLP will help you seek these benefits, making sure you receive the support you need while recovering from your injury or illness. Schedule a free case review by calling 832-669-6161 or using our online contact form.

Common Maritime Injuries & Diseases

No matter how unique or commonplace your injury is, if it was obtained while on the job you deserve fair compensation. And at Armstrong, Lee & Baker, our sole focus is helping clients like you navigate the legal process.

We’ve helped secure damages for many different situations and injuries, including:

• Traumatic Brain Injuries (TBI) – Head injuries caused by falls, being struck by equipment, or falling objects. These injuries can range from mild concussions to severe brain trauma with long-term cognitive effects.
• Back and Spinal Cord Injuries – Heavy lifting, repetitive physical labor, slips, and falls can cause herniated discs, chronic back pain, or spinal cord damage that may result in partial or permanent disability.
• Broken Bones (Fractures) – Falling on wet decks, equipment accidents, and heavy cargo incidents frequently lead to fractures of the arms, legs, ribs, wrists, or ankles.
• Slip and Fall Injuries – Wet surfaces, uneven decks, poor lighting, and unsecured equipment increase the risk of falls that can result in sprains, fractures, head injuries, or back injuries.
• Neck and Shoulder Injuries – Repetitive lifting, overexertion, or sudden impacts can strain muscles, tear ligaments, or damage joints, often leading to reduced mobility and chronic pain.
• Crush Injuries – Workers may become trapped between heavy machinery, cargo containers, winches, or moving equipment, causing severe tissue damage, broken bones, or internal injuries.
• Burn Injuries – Fires, explosions, steam leaks, hot surfaces, electrical malfunctions, and chemical exposure can cause first-, second-, or third-degree burns that require extensive medical treatment.
• Lacerations and Deep Cuts – Sharp tools, cables, metal edges, and machinery can cause serious cuts that may require stitches, surgery, or treatment to prevent infection.
• Hand and Finger Injuries – Hands are especially vulnerable to crush injuries, fractures, tendon damage, and amputations when working with ropes, machinery, and heavy equipment.
• Eye Injuries – Flying debris, chemical splashes, welding operations, or equipment malfunctions can damage the eyes, potentially resulting in temporary or permanent vision loss.
• Hearing Loss – Prolonged exposure to loud engines, generators, compressors, and heavy machinery can gradually cause permanent hearing damage if adequate hearing protection is not used.
• Repetitive Stress Injuries – Repeated motions such as lifting, pulling, gripping, or operating equipment can lead to conditions like tendonitis, carpal tunnel syndrome, and chronic joint pain.
• Respiratory Injuries and Illnesses – Exposure to toxic fumes, chemicals, fuel vapors, asbestos, mold, or confined-space hazards can cause breathing difficulties, lung damage, or long-term respiratory disease.
• Chemical Exposure Injuries – Contact with hazardous substances, including industrial cleaners, fuels, solvents, or cargo materials, can result in chemical burns, skin irritation, poisoning, or respiratory problems.
• Amputations – Serious accidents involving winches, cranes, propellers, conveyor systems, or other machinery can result in the loss of fingers, hands, feet, or limbs.
• Hypothermia and Cold Stress – Workers exposed to cold water, harsh weather, or prolonged outdoor conditions may develop hypothermia or frostbite, particularly during offshore operations.
• Heat-Related Illnesses – Long hours in hot engine rooms or direct sunlight can lead to dehydration, heat exhaustion, or heat stroke if workers are unable to cool down and stay hydrated.
• Near-Drowning and Drowning Injuries – Falls overboard or vessel accidents can result in drowning, oxygen deprivation, or other life-threatening complications even if the worker is rescued.
• Soft Tissue Injuries – Sprains, strains, torn ligaments, and muscle injuries are common due to repetitive physical labor, awkward movements, and heavy lifting.
• Psychological Injuries – Serious maritime accidents may lead to emotional trauma, anxiety, depression, or post-traumatic stress, particularly after catastrophic events or witnessing severe injuries.

Understanding Occupational Disease for Maritime Workers

It’s important to note that maritime workers are often at higher risk for serious diseases that are caused by exposure to chemicals. These diseases may include:

• Lung cancer
• Asthma
• Dermatitis
• Cardiovascular disease
• Bacterial infections and/or parasites

Under the Longshore and Harbor Workers Compensation Act, these conditions are also covered. However, unlike direct physical injuries, you’ll need to make a case that your disease was caused by repeated exposure or negligence on behalf of your employer.

This is where having an experienced legal team by your side comes in handy. We’ll be able to help you gather evidence and compile a compelling case to help support you getting the benefits you need.

How to Get Coverage Under the LHWCA

Are you a maritime employee who has been injured on the job? You’re probably looking for answers, and we’re here to provide them for you. We’re breaking down your next steps, clearly and concisely, so that you can turn your attention to keeping yourself safe.

Step One: Seek Medical Care for Any Injuries

Your health should always be your top priority. Before talking to your employer or seeking legal help, we always recommend seeking quality medical care for any injury, large or small.

Early intervention can help prevent your injury from spreading or intensifying, as well as helping your case in the long run. Seeking out medical care and getting clear directives from a medical team can be used as key evidence in your compensation claim.

Step Two: Notify Your Employer

As soon as you are safe, it is important to notify your employer of the circumstances of your injury as soon as possible. Under the LHWCA, employees have 30 days to notify their employer of their injuries.

This does not, however, guarantee that you will receive benefits. But failure to notify your employer can cause you to lose them.

Step Three: File an Official Claim

If you wish to receive workers compensation through the Longshore and Harbor Workers Compensation Act, you will need to file an official report through the Department of Labor. This claim must be filed within 12 months of sustaining your injury, or you will be denied benefits.

Step Four: Receive Your Benefits

Once you have both notified your employer and properly filed an official claim, your employer should begin dispensing benefits within 14 days of filing.

However, there is the potential that your claim will be denied, in which case further action will be needed on your end.

What to Do If Your Claim is Denied

Receiving a denial after filing a claim under the Longshore and Harbor Workers’ Compensation Act can be frustrating, especially when you’re dealing with an injury and time away from work. However, a denial does not necessarily mean your case is over. Many denied claims can be appealed or resolved after additional evidence is provided.

Common Reasons an LHWCA Claim May Be Denied

There are several reasons an employer or insurance carrier may deny a claim. In some cases, the insurer may argue that the injury did not occur during the course of your employment or that it was caused by a pre-existing condition rather than your work duties. Claims may also be denied because of:

• Missing documentation
• Disputes over medical evidence
• Missed filing deadlines
• Disagreements about the severity of the injury and whether it prevents you from working

A denial does not always mean your claim lacks merit. It often means there is a disagreement over the facts, the medical evidence, or whether the claim meets the legal requirements for benefits.

Steps to Take After a Denial

If your LHWCA claim has been denied, it’s important to carefully review the denial notice to understand why the decision was made. The explanation can help identify what additional information or evidence may be needed to support your claim.

Gathering medical records, witness statements, accident reports, and other relevant documentation can strengthen your case. In many situations, obtaining additional opinions from treating physicians or medical specialists may also help establish the connection between your injury and your maritime work.

The LHWCA provides an appeals process that allows injured workers to challenge denied claims. Depending on the circumstances, this may involve requesting an informal conference with the Office of Workers’ Compensation Programs, participating in formal proceedings before an administrative law judge, or pursuing additional levels of appeal if necessary.

Why You Need Legal Assistance

The appeals process can become complex, particularly when employers or insurance companies dispute liability or the extent of an injury. An attorney familiar with the LHWCA can review the reasons for the denial, identify missing evidence, communicate with insurers, and represent your interests throughout the appeals process.

While every case is different, seeking legal guidance as soon as possible after a denial can help protect your rights and improve the likelihood of presenting a complete and well-supported claim.

At Armstrong, Lee & Baker we’re proud to be able to support maritime workers as they heal through injuries and seek fair support and compensation for their sacrifices. As a Texas, based law firm, we’re proud to serve local residents of:

• Houston
• San Antonio
• Fort Worth
• Austin
• Dallas
• Odessa
• Midland
• Tyler

If your claim has been denied, and you’re seeking additional guidance, our team is here to support you. We offer free consultations, and no-cost legal care until we win your case. That means no upfront fees, no hourly charges, and no hidden costs. Just clear, reliable, and accessible legal services, backed by years of success.

Ready to get started? Contact our team here to set up your personalized consultation.

Other Maritime Injury Cases We Handle:

• Houston Maritime Injury Lawyer
• Houston Jones Act Attorney
• Houston Offshore Accident Lawyer
• Houston DOHSA (Death On The High Seas Act) Lawyer

Scott Armstrong

Scott Armstrong is the Managing Partner and co-founder of Armstrong Lee & Baker LLP. Known for his strategic insight and relentless pursuit of justice, Scott personally guides the firm’s approach to complex cases, including catastrophic injuries, vehicle accidents, workplace injuries, and product liability. His leadership has created a culture where excellence, innovation, and dedication to client success are paramount, and his influence is evident in every case the firm handles, often resulting in hundreds of millions recovered for clients.

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B. Farmer

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Josh Lee and the rest of the staff are all amazing. They kept me up to date and informed. I was treated like a priority every time I called, Josh even called me back on a Saturday, when the office was closed. They got me way more money than I thought even possible! I am more than satisfied and so grateful that I chose this firm. If you want a very personable, honest attorney who looks out for your best interest and gets results, call them!

Mary G.

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I live roughly eight hours from Armstrong Lee & Baker and communication exceeded my expectations all my needs were met at every level Mr Adam and his wonderful team guided me step by step,I definitely recommend Mr Adam if ever you need a lawyer that will fight very hard for you.He was successful with my injury case got me what I deserve and more,I am forever grateful to Mr Adam and his wonderful team God bless you all

Adam B.

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I couldn’t have asked for better representation. From day one, they took great care of me—not just as a client, but as a person. Throughout the entire injury case from my car accident, they kept me informed, made sure I felt supported, and handled every step with professionalism and confidence. At the end of the day, they got the job done. Grateful to have had them in my corner. Highly recommend.

Carl T.

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Omg…Armstrong Lee & Baker are nothing short of amazing . From the very beginning of my initial call they where totally attentive. The entire team from Priyanka , Monique, Lydia, Eddie , and more are Par-Excellence. Priyanka & Monique , Brianna keep me in the loop on every level . Especially being my first time having to experience hiring an attorney I did not know what to expect. They all coached me play in and out on all procedures . Eddie kept me in the loop on all of my Dr. Appts. He also made sure I received all of my meds. DoorStep! The entire team are amazing ! As for me” Armstrong Lee & Baker are far beyond 5 stars … I give um a 10+”. Thank you Armstrong Lee & Baker.

Apple G.

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I originally hired Jim antler and after a year of him stringing me along he declined my case said it wasn’t worth nothing. That’s when I called Adam at Armstrong Lee and Baker him and his associates took care of me like family got all the medical needs taken care of. Got me my next surgery Back on my feet and also got me awarded a check way bigger than what I was expecting. thank you Adam and your associates at Armstrong, Lee and Baker.

Kirby C.

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I cannot recommend Kelly Viktorin at Armstrong Lee & Baker highly enough. After being injured at work, I was incredibly discouraged as many attorneys wouldn’t take my case due to the complexities involved. From our very first consultation, Kelly and her team jumped right in, demonstrating a level of dedication and expertise that immediately put me at ease. Throughout the entire process, their communication was outstanding. I was consistently kept informed of any updates and felt like a priority. Kelly truly went above and beyond to fight for me, and I am so grateful for her hard work and commitment. If you’re facing a challenging work injury case, especially with a Texas non-subscriber, don’t hesitate to reach out to Kelly Viktorin. You’ll be in excellent hands.

Toby B.

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When I got injured my company didn’t have workers comp. They had something called non subscriber insurance.
I tried a dozen or more lawyers and no one would take my case.
I lost my house in Texas so right as I was moving back to where I was from, Florida, o call Armstrong and Lee. They said they could take my case. Shortly after I meet Adam Grable.
Adam took the case and unraveled it like a champ. It was a difficult case and that’s why other lawyers didn’t take.
Over the next year, Adam because a friend and a member of the family.
I found him brilliant and personable and when needed he found for me.
In the end, we took a settlement even though Adam told me he had a good shot at trial. He understood i wanted this behind me!
If you ever find yourself needed a lawyer trust me Adam Grable will be on your side!

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