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Longshore and Harbor Worker’s Compensation Act
In addition to providing recovery for longshoremen and other harbor workers when injured, the LHWCA also provides rongful death claims for survivors of qualifying workers.
The LHWCA provides death benefits to designated beneficiaries if:
- The work-related injury caused death, or
- The employee was permanently disabled and then died from other causes
Benefits include:
- Funeral costs up to $3000
- Weekly payments to the widow or widower, equaling 50% of the average weekly wage (AWW) of the deceased
- If there are children, an additional 16 2/3% of the AWW is granted
- If children are the sole survivors of the decedent, they recover the 50% that would have gone to the surviving spouse, plus the additional 16 2/3% if there are additional children
- After remarriage, the surviving spouse receives a two-year lump sum of damages in order for the individual to be able to adjust to the new life situation
- Children can recover until age 18, but can recover until age 23 if they are attending school or college
The Longshore and Harbor Worker’s Compensation Act is a valuable remedy for many different types of maritime workers. With the help of the maritime attorneys at Kirkendall Dwyer LLP, you can rest assured that you and your family will recover fully for your injuries. Contact us by phone or by filling out a form on our website today. We look forward to working with you.
Additional Resources
Back to Wrongful Death Homepage
General Maritime Law and Wrongful Death
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