Longshore & Harbor Workers’ Compensation Lawyers in Virginia

Protecting Injured Maritime and Port Workers Across Hampton Roads and the East Coast

If you were injured loading or unloading ships, repairing vessels, or working in a shipyard or marine terminal in Virginia, your rights may fall under the Longshore and Harbor Workers’ Compensation Act (LHWCA), a federal system that often offers broader, longer-lasting benefits than Virginia’s state program. 

At Kalfus & Nachman PC, we fight for injured maritime and industrial workers across Hampton Roads and along the East Coast. Led by Attorney Greg Camden, one of Virginia’s most experienced Longshore attorneys, our team understands the complex federal rules that govern Longshore and Harbor Workers’ Compensation claims and works tirelessly to help clients obtain the benefits they deserve.

Our record of success includes:

• Decades of handling complex workplace and maritime injury cases.
• A history of results under the Longshore and VA Workers’ Comp Acts.
• The ability to take on large corporate and insurance defendants.
• A commitment to helping injured workers and families rebuild their lives.

If your injury occurred on or near navigable waters, we can help determine whether you qualify for federal Longshore coverage and fight to secure the full benefits you deserve.

Our Virginia Longshore workers’ compensation attorneys are standing by to help. Call (855) 880-8163 or contact us online for a FREE consultation. Se Habla Español.

Why Injured Port Workers Choose Kalfus & Nachman PC

• Dedicated Longshore Counsel: Led by Attorney Greg Camden, who has over 30 years of LHWCA experience.
• Decades of Results: Over 30 years fighting for injured maritime and industrial workers.
• Federal & State Knowledge: Skilled in both the Longshore Act and Virginia Workers’ Compensation Act.
• Respected Litigators: Proven success against large employers, contractors, and insurers.
• No Fee Unless We Win: You pay nothing unless we recover compensation for you.

Attorney Spotlight: Gregory E. Camden

Attorney Greg Camden leads the firm’s Longshore Act practice and has spent over 30 years representing injured longshoremen, harbor workers, and shipyard employees. He has successfully litigated cases before the U.S. Department of Labor, the Office of Administrative Law Judges, and the Benefits Review Board, and is known for his skill in navigating complex maritime and workplace injury laws.

Greg frequently lectures at professional conferences, including the Loyola Annual Longshore Conference, and remains a trusted advocate for longshore and port workers throughout the region.

In this video, Greg discusses the Longshore & Harbor Workers’ Compensation Act and why it is often better than the Virginia Workers’ Compensation Act:

Proven Results in Complex Maritime & Workplace Injury Cases

Kalfus & Nachman PC has recovered millions of dollars for injured workers and families across Virginia. While every case is different, our results reflect decades of experience handling serious maritime, industrial, and workplace injury claims.

Some examples of our results:

• $10.5 Million Settlement – Commercial Truck Accident: Client struck by a commercial truck on the MMMBT, resulting in brain injury and stroke.
• $7 Million Settlement – Defense Base Act Case: IT specialist paralyzed in a crash involving a government contractor overseas.
• $2.15 Million Settlement – Industrial Accident in Norfolk: Multiple severe orthopedic injuries caused by a ruptured above-ground storage tank.
• $275,000 Settlement – Shipyard Wrongful Death: Fatal drowning of a vessel surveyor after a missing plank on a pier caused a fall into the water.

Our firm’s depth of experience in maritime and workplace injury claims means clients can count on strong, informed representation from day one.

Understanding the Longshore & Harbor Workers’ Compensation Act (LHWCA)

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal workers’ compensation system that protects maritime employees who are not covered by the Jones Act but who work on or near navigable waters.

It provides medical care, wage replacement, and disability benefits to qualifying workers injured while performing maritime duties on docks, piers, wharves, shipyards, or marine terminals.

Administered by the U.S. Department of Labor, the LHWCA ensures that employees who keep the nation’s ports running are not left behind by restrictive state laws.

Who Is Covered Under the LHWCA?

To qualify for Longshore benefits, an injured worker must meet two basic tests:

1. The “Status” Test (Type of Work Performed):
You must be engaged in maritime employment such as:

• Loading or unloading vessels (longshoremen and stevedores)
• Repairing, building, or dismantling ships
• Operating cranes or heavy equipment at a marine terminal
• Performing maintenance, construction, or support duties near docks or piers

2. The “Situs” Test (Where the Injury Occurred):
The injury must take place on or near navigable waters, including:

• Docks, wharves, piers, and shipyards
• Dry docks and adjoining areas used for vessel repair or construction
• Marine terminals, container yards, or similar adjoining areas used for loading or unloading ships

If both tests are met, you likely qualify for federal Longshore coverage, even if your employer or insurer insists you’re limited to Virginia’s state system.

Why the Longshore Act Often Provides Better Benefits

The Longshore and Harbor Workers’ Compensation Act generally offers broader protections and higher benefit limits than Virginia’s state system. Key differences include:

• Choice of Doctor
  • Virginia: Must choose from an employer’s panel of three doctors.
  • Longshore: You may choose any doctor you trust.
• Causation Standard
  • Virginia: The worker must prove the injury was caused by work.
  • Longshore: The law presumes coverage unless the employer rebuts it.
• Repetitive or Cumulative Injuries
  • Virginia: Often excluded.
  • Longshore: Covered, including repetitive strain and occupational disease.
• Duration of Benefits
  • Virginia: Capped at 500 weeks.
  • Longshore: May continue for life in qualifying cases.
• Benefit Levels
  • Virginia: Two-thirds of wages, capped at a lower state maximum.
  • Longshore: Two-thirds of wages, with higher federal maximums.

These differences make the Longshore Act particularly valuable for workers facing long-term or permanent injuries.

Benefits Available Under the Longshore Act

Injured workers covered by the LHWCA may receive:

• Medical care for life: All reasonable and necessary treatment, including your doctor of choice.
• Wage replacement: Typically two-thirds of your average weekly wage during temporary disability.
• Permanent disability benefits: Payments for partial or total disability based on medical evaluation and loss of earning capacity.
• Survivor benefits: Wage and funeral benefits for dependents in fatal accident cases.

The LHWCA ensures coverage for as long as the injury or its effects continue to limit your ability to work.

Critical Deadlines and Claim Process

Because Longshore claims are governed by federal law, strict time limits apply:

• Report the Injury: Notify your employer within 30 days of the injury or awareness that your condition is work-related.
• File Your Claim: Submit Form LS-203 to the U.S. Department of Labor within one year of injury or last benefit payment.
• Claim Resolution Steps:
  • Informal conference with a Department of Labor claims examiner
  • Formal hearing before an Administrative Law Judge (ALJ)
  • Possible appeal to the Benefits Review Board and U.S. Court of Appeals

Missing these deadlines can jeopardize your right to compensation, which is why early legal guidance is crucial.

Do I Have a Longshore Case?

You might have a valid claim if:

• Your job regularly involves maritime duties or port operations.
• You were hurt on or near navigable waters.
• You suffered a repetitive injury, hearing loss, or occupational disease linked to maritime work.
• You’ve been told your injury “only” qualifies for state workers’ comp, but your job ties directly to shipping or vessel work.

Determining whether a case falls under federal Longshore coverage or Virginia’s state system can be complex. A seasoned attorney can analyze your job duties, work site, and injury details to ensure you receive the full benefits you’re entitled to.

Serving Port Workers Across Virginia and the East Coast

Kalfus & Nachman PC regularly represents longshoremen, shipyard employees, and harbor workers at:

• Norfolk International Terminal
• Portsmouth Marine Terminal
• Newport News Marine Terminal
• APM Terminals Virginia
• And other port facilities throughout Hampton Roads

Our attorneys also consult with maritime workers along the broader East Coast corridor, including Wilmington, Charleston, Savannah, and Jacksonville.

Frequently Asked Questions

Can I receive both Longshore and Virginia workers’ comp benefits?

No. Generally, your case will fall under one system or the other. If your job and injury meet Longshore’s “status” and “situs” tests, federal coverage typically applies and preempts state law.

What if my employer says I’m not covered under the Longshore Act?

Employers and insurers often misclassify workers. An experienced Longshore attorney can review your job duties, work site, and evidence to determine whether federal coverage applies.

Can I choose my own doctor under the Longshore Act?

Yes. Unlike Virginia’s state system, the Longshore Act allows you to select any qualified physician for your care.

How long do I have to file a Longshore claim?

You must report your injury within 30 days and file Form LS-203 with the Department of Labor within one year of injury or last compensation payment.

Call For a FREE Consultation: (855) 880-8163

You don’t have to navigate the Longshore system alone. Our attorneys handle the paperwork, medical coordination, and hearings so you can focus on recovery.

Call (855) 880-8163 or contact us online for a free consultation about your Longshore and Harbor Workers’ Compensation claim.