An Introduction to Handling LHWCA Claims


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The Longshore & Harbor Workers' Compensation Act practitioner works on a daily basis within a federal administrative framework to resolve disputes. In order to effectively prosecute or defend cases arising under the Longshore & Harbor Workers' Compensation Act ("LHWCA"), counsel should develop a standardized system for handling claims. That system should recognize and have access to key resource materials. It should also incorporate a basic trial notebook tailored to the needs of each case. Once counsel has developed a comprehensive approach, LHWCA cases can be handled efficiently.


SOURCE MATERIALS
Counsel must initially understand where to find the body of applicable law, regulations, forms and treatises in order to successfully represent a claimant.

AN OVERVIEW OF THE ADMINISTRATIVE SYSTEM
Understanding how longshore claims are administered and where relief can be obtained is helpful in handling claims. The claims system for resolving disputes under the LHWCA is administered by the United States Department of Labor.

A SYSTEM FORHANDLING LONGSHORE & HARBOR WORKERS' COMPENSATION ACT CASES
A uniform system for handling LHWCA claims incorporates a trial manual or notebook for each claim. Claimant's counsel should begin developing a trial notebook upon undertaking representation of the claimant.

AUTHORITIES
A table of important LHWCA Cases.

STATUTES AND FEDERAL REGULATIONS
Links to relevant statutes and regulations from the Government Printing Office including the Longshore & Harborworkers' Compensation Act and adminstration procedures with the Department of Labor.

FORMS
A complete selection of DOL Longshore forms and OWCP-5 forms.

ADDITIONAL MATERIALS

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