Longshore & Harbor Workers’ Compensation Lawyers in Virginia

Determining whether a case falls under federal Longshore coverage or Virginia’s state system can be complex. You likely have a valid LHWCA claim if:

• Your job regularly involves maritime duties or port operations.
• You were hurt on, over, or near navigable waters.
• You suffered a sudden injury, repetitive strain, hearing loss, or an 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, cargo, or vessel work.

Understanding Coverage: Who Is Protected Under the LHWCA?

The LHWCA is a federal workers’ compensation system that protects maritime employees who are not covered by the Jones Act. To qualify for Longshore benefits, an injured worker must meet two basic legal 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 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 Act generally offers broader protections and significantly higher benefit limits than Virginia’s state system:

Summary of LHWCA Benefits:

• Medical Care for Life: Coverage for all reasonable and necessary treatment with 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 replacement and funeral benefits for dependents in fatal accident cases.

Critical Deadlines and Claim Process

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

1. Report the Injury (30 Days): Notify your employer in writing within 30 days of the injury (or 30 days from when you became aware that your medical condition was work-related).
2. File Your Official Claim (1 Year): Submit Form LS-203 to the U.S. Department of Labor within one year of the injury or your last compensation payment.
3. Claim Resolution Process:

• Informal conference with a Department of Labor claims examiner.
• Formal hearing before an Administrative Law Judge (ALJ).
• Possible appeals to the Benefits Review Board and U.S. Court of Appeals.

Missing these deadlines can jeopardize your right to compensation, making early legal guidance crucial.

Attorney Spotlight: Gregory E. Camden

Dedicated Longshore Counsel with 30+ Years of Experience

Attorney Greg Camden leads Kalfus & Nachman PC’s Longshore Act practice. For over three decades, he has represented injured longshoremen, harbor workers, and shipyard employees before the U.S. Department of Labor, the Office of Administrative Law Judges, and the Benefits Review Board.

Greg frequently lectures at professional conferences, including the Loyola Annual Longshore Conference, and remains one of the region's most trusted advocates for port workers.

Watch: Why the Longshore Act Beats State Workers' Comp

In this video, Attorney Greg Camden discusses the key advantages of filing under the Longshore & Harbor Workers’ Compensation Act versus Virginia state law.

Why Injured Port Workers Choose Kalfus & Nachman PC

• Dedicated Longshore Counsel: Practice led by Attorney Greg Camden (30+ years of LHWCA experience).
• Dual Federal & State Knowledge: Deep expertise in navigating both LHWCA and Virginia Workers’ Compensation rules.
• Respected Litigators: Proven success taking on large maritime employers, government contractors, and insurance carriers.
• No Fee Unless We Win: You pay no legal fees out-of-pocket unless we successfully recover compensation for you.

Proven Results in Complex Maritime & Workplace Claims

While every case is unique, our case results reflect decades of experience handling severe maritime and industrial claims:

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

Serving Port Workers Across Virginia and the East Coast

We regularly represent longshoremen, shipyard employees, and harbor workers across major regional terminals, including:

• Norfolk International Terminal (NIT)
• Portsmouth Marine Terminal (PMT)
• Newport News Marine Terminal (NNMT)
• APM Terminals Virginia
• Shipyards and marine repair facilities throughout Hampton Roads

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

Frequently Asked Questions

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

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

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

Employers and insurance companies frequently misclassify workers to save money. An experienced Longshore attorney can review your job duties, work location, and injury details to determine your true eligibility.

Can I choose my own doctor under the Longshore Act?

Yes. Unlike Virginia’s state system—which forces you to choose from an employer-provided list—the Longshore Act grants you the right to select your own treating physician.

How long do I have to file a Longshore claim?

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

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

You don’t have to navigate the complex federal Longshore system alone. Our legal team handles the administrative paperwork, medical record coordination, and Department of Labor hearings so you can focus on recovering.

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