A Houston longshoreman lawyer helps dock workers, cargo handlers, crane operators, and other Port of Houston maritime workers pursue benefits under the Longshore and Harbor Workers’ Compensation Act and, when available, additional compensation through a vessel negligence claim.
If you were hurt while loading, unloading, lashing cargo, operating cranes, or servicing vessels at Barbours Cut Terminal, Bayport Container Terminal, or another facility along the Houston Ship Channel, your case likely falls under the LHWCA, not the Texas workers’ compensation system.
At The Calderon Law Firm, we help injured longshoremen and harbor workers understand their federal rights, file LHWCA claims through the Department of Labor, and pursue Section 905(b) vessel negligence lawsuits when a shipowner's carelessness contributed to the injury. Call 346-999-5673 for a free case review. Phones are answered 24/7.
Why Injured Port of Houston Longshoremen Choose The Calderon Law Firm
LHWCA claims are federal proceedings administered by the U.S. Department of Labor, not the Texas workers' compensation system. The rules, deadlines, benefit calculations, and dispute procedures follow a completely different framework than what most injured workers expect. Choosing a legal team that understands this process from day one matters.
Our firm has helped over 5,000 Texas families in Greater Houston and recovered $200M for injured clients. We bring that same commitment to longshoreman injury cases, from initial OWCP filings through contested hearings and third-party vessel lawsuits in federal court.
When you hire our longshoreman attorneys, you can expect:
- Clear guidance on LHWCA benefit eligibility, disability classifications, and average weekly wage calculations
- Strategic evaluation of Section 905(b) vessel negligence claims to determine whether a third-party lawsuit may increase your recovery
- Representation through federal administrative proceedings, including disputed claims, hearings before administrative law judges, and appeals to the Benefits Review Board
- Bilingual service in English and Spanish, built for the bilingual workforce that keeps the Port of Houston running
- Honest, no-surprises communication about your case, your options, and what to expect at every stage
Many injured longshore workers at Port Houston find that the insurance carrier disputes the injury, undercounts the average weekly wage, or delays disability payments. Our attorneys, case managers, and support staff work together on every longshore injury case to push back against those tactics. That team-based approach means responsive communication, thorough preparation, and a firm that treats you like a person rather than a claim number.
Where Longshore Injuries Happen at the Port of Houston
Port Houston operations stretch across container terminals, breakbulk facilities, private wharves, and shipyards along the Houston Ship Channel. Longshoreman injuries at each terminal carry the same federal protections under the LHWCA, but the working conditions, cargo types, and hazards vary by location.
Barbours Cut Container Terminal
Barbours Cut features 300 acres of container yard space, six berths, and 29 entry truck gates. Located near La Porte and Morgan's Point, it is one of the oldest and most active container facilities on the Gulf Coast. Longshoremen at Barbours Cut work around heavy container handling equipment, ship-to-shore cranes, and constant truck traffic moving through a dense terminal footprint.
Bayport Container Terminal
Bayport handles approximately 70 percent of all containerized cargo moving through the Houston Ship Channel and spans over 1,000 acres near Seabrook. As the port's largest and newest container facility, it sees high-volume vessel traffic from major global shipping lines. The scale of operations at Bayport means longshoremen face risks from crane strikes, container falls, forklift collisions, and hazards related to lashing and securing cargo aboard vessels.
Turning Basin, Jacintoport, and Private Wharves
The Turning Basin Terminal near downtown Houston handles breakbulk and general cargo. Jacintoport Terminal services bulk materials and specialty freight. Dozens of private wharves and shipyards along the channel handle ship repair, vessel maintenance, and specialized cargo operations. Each of these facilities presents its own set of occupational hazards for longshoremen, harbor workers, and ship repairers covered under the LHWCA.
Whether your injury occurred at Barbours Cut, Bayport, the Turning Basin, or a private wharf along the channel, a Port of Houston dock worker injury lawyer can evaluate the circumstances and determine which federal claims apply to your situation.
What Is the Longshore and Harbor Workers’ Compensation Act (LHWCA)?
The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal workers' compensation program that covers certain private-sector maritime workers. Firms that employ these workers must purchase workers' compensation insurance or self-insure and are responsible for providing medical and disability benefits to covered employees injured on the job.
Unlike Texas state workers' compensation, LHWCA benefits are administered through the Department of Labor's Office of Workers' Compensation Programs (OWCP). The filing process, benefit calculations, carrier disputes, and hearings all follow federal Department of Labor rules.
Who Qualifies for an LHWCA Claim in Houston?
The LHWCA covers maritime workers who are not considered seamen under the Jones Act, including many dockside and vessel-adjacent workers at Port Houston. At the Port of Houston, covered workers typically include:
- Longshoremen
- Stevedores
- Cargo handlers
- Crane operators
- Forklift drivers
- Dock workers
- Ship repairers
- Shipbuilders
- Other maritime employees whose injuries occur on navigable waters or in adjoining areas such as piers, docks, terminals, wharves, and shipyards
The LHWCA protects approximately 500,000 workers nationwide, including those at container terminals, breakbulk facilities, and shipyards along the Gulf Coast.
LHWCA vs. Jones Act: Which Law Covers Your Port of Houston Injury?
The Jones Act covers seamen, meaning crew members who spend a significant portion of their working time aboard a vessel in navigation. The LHWCA covers land-based maritime workers who load, unload, repair, or build vessels but are not part of a ship's crew. Filing under the wrong law may delay or jeopardize your claim.
If you were injured while working at a Port of Houston terminal, shipyard, or wharf, a Longshore and Harbor Workers' Compensation Act lawyer in Houston can help you navigate the federal claims process and protect your right to benefits.
What Longshore Worker Injury Benefits Are Available Under the LHWCA?
The LHWCA provides several categories of benefits to injured maritime workers. In most cases, benefits are paid by the employer or its insurance carrier, not by the federal government.
Medical Benefits
The LHWCA covers the full cost of medical treatment related to a covered injury or illness, including doctor visits, surgery, hospitalization, prescriptions, and rehabilitation. Injured workers may choose their own treating physician, subject to Department of Labor authorization.
Disability Benefits
LHWCA disability benefits are based on the worker’s average weekly wage, a number that often becomes a major dispute in serious Port of Houston injury cases, and they fall into four main categories:
- Temporary Total Disability (TTD): paid when the injury prevents all work for a limited period, calculated at two-thirds of the worker's average weekly wage
- Temporary Partial Disability (TPD): paid when the worker returns to lighter duty at reduced earnings, calculated as two-thirds of the difference between pre-injury and post-injury wages
Permanent Total Disability and Permanent Partial Disability benefits apply once the worker reaches maximum medical improvement. Unlike many state systems, LHWCA disability benefits are adjusted annually to reflect national wage growth.
Death and Survivors' Benefits
The LHWCA provides survivors' benefits to the families of covered workers who die on the job. Surviving spouses are entitled to one-half of the deceased worker's wage if they have no eligible children, or two-thirds if they do. Burial benefits are also available.
How Is My Average Weekly Wage Calculated Under the LHWCA?
Your average weekly wage (AWW) determines the size of your disability benefits. The basic calculation takes your total earnings during the 52 weeks before the injury and divides that figure by the number of weeks you actually worked. Over time, shift differentials, and premium pay all factor in.
Several factors may complicate the AWW calculation, including:
- Seasonal fluctuations in shipping volume that create inconsistent weekly hours across Barbours Cut and Bayport terminals
- Work performed for multiple stevedoring companies or at multiple terminals during the 52-week lookback period
- Periods of unemployment, illness, or reduced hours that may skew the average downward if not properly accounted for
Employers and their insurance carriers frequently dispute the AWW figure to reduce disability payments. A Houston longshoreman lawyer can review your wage records and confirm that the calculation reflects your actual earning capacity at the time of injury.
How to File an LHWCA Claim Through OWCP in Houston
The LHWCA claims process follows a structured federal timeline. Missing a deadline may reduce or eliminate your benefits.
Notice and Filing Requirements
Injured workers generally must give written notice within 30 days of the injury, or within 30 days after they become aware a disease is work-related, and Form LS-201 is one common way to do that. The formal claim for compensation, Form LS-203, must be submitted to the nearest Department of Labor district office within one year of the injury or last payment of compensation.
Your employer is also required to report the injury to the OWCP and their insurance carrier. If the employer or insurer fails to do so, that failure does not eliminate your right to file.
What Happens After You File an OWCP Longshore Claim
Once the claim is filed, the employer’s insurance carrier may accept the claim, dispute causation, challenge disability status, or contest the average weekly wage calculation.
If any party disagrees with an OWCP recommendation regarding claims or benefit payments, a formal hearing before an administrative law judge may be requested. Further appeals may go to the Benefits Review Board and ultimately to the U.S. Circuit Courts.
The LHWCA claims process involves federal administrative procedures that differ significantly from state court litigation. Having a Houston LHWCA attorney involved from the filing stage helps avoid procedural errors that may delay benefits.
Section 905(b) Vessel Negligence Claims for Injured Houston Longshoremen
LHWCA benefits cover medical treatment and a portion of lost wages, but they do not compensate for pain and suffering, mental anguish, or full lost earning capacity. Section 905(b) of the LHWCA provides an exception that allows longshoremen to file a third-party tort lawsuit against a vessel owner if the vessel's negligence caused or contributed to the injury.
What Is a Section 905(b) Vessel Negligence Claim?
A 905(b) claim is a third-party injury claim that longshoremen may file against vessel owners when the vessel's negligence partly caused the injury. This claim exists alongside LHWCA benefits, not instead of them. An injured longshoreman may collect LHWCA disability and medical benefits while simultaneously pursuing a 905(b) lawsuit for broader damages.
Three Duties a Vessel Owner Owes Longshoremen
The U.S. Supreme Court has established three categories of vessel owner negligence under Section 905(b):
- Turnover duty: the obligation to deliver the vessel in a reasonably safe condition and warn the stevedore of hidden dangers before cargo operations begin
- Active control duty: the obligation to prevent injury in areas that remain under the vessel owner's control during cargo operations, even when hazards are open and obvious
- Duty to intervene: the obligation to act when the vessel owner knows that a dangerous condition aboard the vessel poses an unreasonable risk to longshoremen during operations
A Houston longshoreman lawyer familiar with Section 905(b) claims can evaluate whether any of these duties were breached and whether a vessel negligence lawsuit may increase your recovery.
What Damages Are Available in a 905(b) Claim?
A successful Section 905(b) vessel negligence claim may recover damages that LHWCA benefits do not cover, including pain and suffering, full wage loss, diminished earning capacity, and lost fringe benefits. For longshoremen with serious or permanent injuries, the difference between LHWCA benefits and a 905(b) recovery could be substantial.
FAQs About LHWCA and Port of Houston Longshore Injury Claims
Am I covered by the LHWCA or the Jones Act?
If you are a crew member who spends a significant portion of your time aboard a vessel in navigation, the Jones Act likely applies. If you work on docks, piers, terminals, or shipyards loading, unloading, repairing, or building vessels, the LHWCA may govern your claim. Some situations are less clear-cut, which is why consulting a Houston maritime injury attorney early helps avoid filing under the wrong statute.
How are LHWCA disability benefits calculated?
LHWCA disability benefits are based on your average weekly wage at the time of injury. Temporary total disability pays two-thirds of that wage, subject to annual minimum and maximum rates set by the Department of Labor. Permanent partial disability benefits follow a schedule based on the body part affected and the degree of impairment. A Houston longshoreman lawyer can review your wage records and help confirm the correct calculation.
Can I file a 905(b) claim and still receive LHWCA benefits?
Yes. A Section 905(b) vessel negligence lawsuit and an LHWCA benefits claim address different sources of liability. You may receive LHWCA medical and disability benefits from your employer's insurer while pursuing a separate tort lawsuit against the vessel owner whose negligence contributed to your injury. However, the employer's insurance carrier may assert a lien against any third-party recovery.
What is the deadline to file an LHWCA claim?
You must notify your employer in writing within 30 days of the injury. The formal claim for compensation must be filed with the Department of Labor within one year. For occupational diseases or conditions with delayed onset, the deadlines may begin when the worker becomes aware of the connection between the condition and the employment. Missing these deadlines may result in reduced or denied benefits.
What if the vessel owner and my employer are the same company?
In some longshore cases, an injured worker may bring a Section 905(b) claim against a vessel owned by the employer, but this depends on the worker’s role and the facts of the accident. This is a narrow but important exception to the LHWCA's exclusive remedy provision. Establishing this dual-capacity liability requires specific legal analysis of how the employer was acting at the time of the injury.
Injured at the Port of Houston? Contact Our Houston Longshoreman Attorneys Today
A longshoreman injury at the Port of Houston raises legal questions that many personal injury firms are not equipped to answer. LHWCA claims follow federal rules. Section 905(b) vessel negligence lawsuits require proof of specific duties owed under maritime law. Filing deadlines are strict, and the difference between a correct strategy and the wrong one may determine whether you recover partial wage replacement or fair compensation for everything this injury has cost you.
The Calderon Law Firm helps Houston longshoremen and harbor workers protect their rights under federal maritime law. Call 346-999-5673 for a free consultation with a Houston longshoreman lawyer about your claim.