Will My Employer Fire Me For Pursuing LHWCA Benefits?

When you are injured while working as a longshoreman or other maritime employee, you have your future to think about. While you are worried about how to pay the bills and cover your medical expenses, you also might be concerned about what happens if you file a claim for compensation.

One of the top concerns that many stevedores and other workers have is whether they will be fired for pursuing compensation for their injuries.

We’re not going to say it never happens, but according to the law, an employer is not allowed to fire you for simply attempting to collect benefits under the Longshore and Harbor Workers’ Compensation Act, LHWCA.

Here is what the law has to say:

“An employer may not discharge or in any manner discriminate against an employee because he or she has claimed or attempted to claim compensation.” (Source: Office of Workers’ Compensation Programs, OWCP)

What the LHWCA Provides
Under the LHWCA, injured workers can pursue compensation for their medical care and weekly wages. Weekly wages are paid based on a percentage. This coverage is offered to people who engage in maritime occupations, such as longshoremen, harbor workers, ship repairers, shipbuilders, and shipbreakers.

Your Rights
While your employer is not allowed to fire you simply for filing a LHWCA claim, there are some exceptions. For example, an employee can be terminated if it is discovered that he or she filed a fraudulent claim, gave a false statement or made a misrepresentation.

If you are thinking about filing a claim under the Longshore and Harbor Workers’ Compensation Act, you may want to employ the assistance of an experienced maritime attorney. A lawyer will help you navigate through the complex process of obtaining benefits.

For a free case evaluation, contact an experienced Houston maritime attorney at our office today. You can reach us for a free consultation by calling 877.724.7800. 




Be sure to order a FREE copy of maritime lawyer Brian Beckcom’s book, How to Hire the Best Maritime Attorney for Your Case. It has information you need to read, as an injured longshoreman.