Florida Longshore and Harbor Workers' Compensation Act Attorneys
If you work at Port Tampa Bay or another Florida port and you've been injured, the law that covers you may not be Florida's workers' compensation system. The Longshore and Harbor Workers' Compensation Act is a federal statute with its own rules, its own benefits structure, and its own claims process — and most Florida workers' comp attorneys are not equipped to handle it. We are.
What Is the Longshore and Harbor Workers' Compensation Act?
The Longshore and Harbor Workers' Compensation Act, enacted in 1927, is a federal workers' compensation statute that covers maritime workers who are injured on navigable waters or in adjoining areas — including docks, piers, terminals, wharves, and port facilities. It is administered by the U.S. Department of Labor's Office of Workers' Compensation Programs, not by Florida's Division of Workers' Compensation.
LHWCA coverage extends to longshoremen, dock workers, ship repairers, harbor workers, ship builders, and others whose work is performed in maritime employment on or adjacent to navigable waters. If you work at Port Tampa Bay and your job involves loading, unloading, repairing, or building vessels — or if you work in the waterfront facilities that support those operations — there is a real possibility that the LHWCA, rather than Florida workers' comp, is the law that governs your injury claim.
The distinction matters enormously. Benefits under the LHWCA are generally more generous than Florida's state system. There are no statutory caps on certain categories of benefits, and the disability rating system operates differently — often to the claimant's advantage. Filing under the wrong law doesn't just delay your claim. It can compromise your ability to recover federal benefits you were entitled to from the start.
LHWCA vs. Florida Workers' Comp vs. the Jones Act — Which Law Covers You?
Three different legal frameworks can apply to maritime and port workers in Florida, and the wrong choice at the filing stage can have lasting consequences.
Longshore and Harbor Workers' Compensation Act (LHWCA)
Covers workers whose employment is land-based. If your work occurs on a dock or port facility but does not meet the maritime employment test under the LHWCA, Florida's state workers' comp system may apply instead. The benefits structure, claims process, and legal standards are distinct from the LHWCA. Filing under Florida WC when LHWCA applies — or vice versa — creates complications that are difficult to unwind.
Florida Workers' Compensation
Covers workers whose employment is land-based. If your work occurs on a dock or port facility but does not meet the maritime employment test under the LHWCA, Florida's state workers' comp system may apply instead. The benefits structure, claims process, and legal standards are distinct from the LHWCA. Filing under Florida WC when LHWCA applies — or vice versa — creates complications that are difficult to unwind.
The Jones Act
Covers seamen — crew members who spend a significant portion of their work time aboard a vessel in navigation. Unlike the LHWCA, the Jones Act is a negligence-based remedy, meaning you must prove employer or vessel negligence. It does not apply to most dock workers or port-based employees unless they qualify as seamen under the legal definition.
The first step in any maritime or port injury claim is determining which law applies. That determination shapes everything that follows — which agency receives the claim, which benefits are available, and which legal standards govern the dispute. We evaluate every maritime injury case with that threshold question first.
Who the LHWCA Covers at Port Tampa Bay
Port Tampa Bay is the largest port in Florida by cargo tonnage — a major hub for bulk cargo, petroleum, phosphate, and container operations. Employers at the port include Mosaic, CF Industries, Kinder Morgan, and TECO Energy, among others. The workforce is large, the work is physically demanding, and workplace injuries are a documented reality of port operations.
Workers who may be covered by the LHWCA include:
- Longshoremen and dock workers involved in loading and unloading vessels
- Ship repairers and shipbuilders working on vessels at the port
- Harbor workers and waterfront laborers in adjacent marine terminal areas
- Crane operators, riggers, and equipment operators in port facilities
- Workers at marine terminals handling cargo in the navigable water zone
If you work for one of Port Tampa Bay's major operators — or for a contractor or subcontractor serving those operators — and you were injured in the course of maritime employment, an LHWCA evaluation is the right first step before you file anything.
What LHWCA Benefits Cover
Federal benefits under the Longshore and Harbor Workers' Compensation Act are structured similarly to state workers' comp in some respects — but the scope and the amounts are often more favorable to injured workers.
Medical Benefits
Reasonable and necessary medical treatment for work-related injuries, with no fixed cap on covered expenses
Temporary Total Disability (TTD)
Two-thirds of your average weekly wage during periods when you cannot work — calculated using a federal formula that may differ from Florida's
Temporary Partial Disability (TPD)
Two-thirds of the difference between your pre-injury wage and your post-injury earning capacity if you can return to modified duty
Permanent Total Disability (PTD)
Ongoing benefits if you are permanently unable to return to gainful employment — with no time limit comparable to Florida's statutory caps
Permanent Partial Disability (PPD)
Scheduled benefits tied to the nature and extent of permanent impairment, governed by federal disability schedules
Death Benefits
Survivor benefits for eligible dependents when a maritime worker is killed on the job, plus reasonable funeral expenses
The LHWCA also provides vocational rehabilitation benefits in some circumstances — a component that is often underutilized because injured workers don't know it exists.
How an LHWCA Claim Works — and Why You Don't Need to Leave Florida
LHWCA claims are federal, but they are administered regionally. The U.S. Department of Labor's Office of Workers' Compensation Programs operates district offices throughout the country, and Florida port workers' claims are handled through the regional office — not through Washington, D.C. Hearings can be conducted by video, and representation is local.
Here is how the process generally unfolds:
Step 1
Injury Reporting and Claim Filing
Report your injury to your employer immediately. A formal LHWCA claim is filed with the U.S. Department of Labor using specific federal forms — LS-201 (notice of injury) and LS-203 (claim for compensation). Deadlines apply, and filing errors at this stage can complicate recovery. An attorney should be involved from the start.
Step 2
Employer and Carrier Response
Your employer's LHWCA insurance carrier will assign an adjuster and begin evaluating the claim. As with state workers' comp, carriers have financial incentives to minimize benefits. They will arrange medical evaluations, challenge disability ratings, and dispute wage calculations. Our role begins here — monitoring the carrier's response and intervening when benefits are underpaid or denied.
Step 3
Informal Resolution or Formal Proceedings
Many LHWCA claims resolve through negotiated settlements before formal proceedings. If the carrier disputes the claim, either party can request a hearing before an Administrative Law Judge through the Office of Administrative Law Judges. Our attorneys have handled contested claims at every level of this process.
Step 4
Settlement or Award
LHWCA settlements — called Section 8(i) settlements — require approval from the U.S. Department of Labor to ensure they are fair to the injured worker. Our attorneys negotiate settlement terms and manage the approval process so that the resolution reflects the full value of your claim.
Why Most Florida Workers' Comp Attorneys Can't Handle Your LHWCA Claim
The LHWCA is a federal statute with a body of case law, regulatory guidance, and procedural requirements that are entirely separate from Florida's state workers' comp system. Attorneys who practice exclusively in Florida workers' comp often lack the federal practice experience, the Department of Labor relationships, and the familiarity with LHWCA benefit structures that these cases require.
We expanded into LHWCA representation because Port Tampa Bay is in our backyard, because the workforce deserves local counsel who understands federal maritime law, and because the two primary firms handling LHWCA claims in Florida — both based in South Florida and West Palm Beach — don't have a Tampa Bay presence. Injured port workers in this region have had to look elsewhere for federal maritime representation. We're changing that.
If you've already filed under Florida workers' comp when the LHWCA may have applied, contact us immediately. Depending on the timing and the status of your claim, options may still exist to pursue the federal benefits you were entitled to from the beginning.
Questions Port Workers Ask About LHWCA Claims
I work at Port Tampa Bay and got hurt — does Florida workers' comp or the LHWCA cover me?
It depends on the nature of your work and where the injury occurred. Workers engaged in maritime employment on or adjacent to navigable waters are generally covered by the LHWCA, not Florida's state system. The determination involves a two-part test under federal law. Contact us before you file anything — the wrong filing can delay or reduce your recovery.
Are LHWCA benefits better than Florida workers' comp benefits?
In most cases, yes. The LHWCA does not impose the same statutory caps on certain benefits that Florida's system does, and the disability rating schedules are often more favorable to injured workers. The wage calculation formula also differs and can produce a higher benefit in some cases. An attorney evaluation will give you a direct comparison based on your specific situation.
Do I have to travel to Washington D.C. to pursue a federal LHWCA claim?
No. LHWCA claims are administered through regional U.S. Department of Labor offices, and hearings are routinely conducted by video. We handle your claim from Tampa — there is no requirement to travel out of state at any stage of the process.
What if I already filed under Florida workers' comp but I think the LHWCA should have applied?
Contact us immediately. The options available to you depend on the timing of your filing, the current status of your claim, and whether the statute of limitations under the LHWCA has been tolled. In some situations, the error can be corrected. Waiting makes it harder.
How long do I have to file an LHWCA claim?
The LHWCA generally requires that a claim be filed within one year of the date of injury or the date the worker knew — or should have known — that the injury was work-related. For occupational disease claims, the period runs from the date of last exposure or the date of disability. These deadlines are strict. Contact an attorney as soon as possible after your injury.
Does the LHWCA cover injuries at Port Tampa Bay specifically?
Port Tampa Bay qualifies as a navigable waterway for LHWCA purposes, and the adjacent marine terminals, docks, and waterfront facilities fall within the LHWCA's covered area. Workers employed by port operators, stevedore companies, and contractors performing maritime work at the port have been covered under the LHWCA in federal proceedings. We can evaluate whether your specific employer and job duties meet the federal coverage test.
Injured at the Port? Federal Rights Deserve Federal-Ready Counsel.
LHWCA claims are more complex than state workers' comp — and the benefits, when properly pursued, are often more substantial. If you work at Port Tampa Bay or another Florida port and you've been injured, the conversation that determines which law applies and what you're entitled to starts with one free call.