Maritime and dock work lives in the space between land and water. You’re loading containers in a steady rain, splicing line in tight quarters, or fixing a winch in the belly of a ship while forklifts dart by overhead. The pay comes with risk. When an injury happens, the path to benefits depends on where you were standing, who employed you, and which law covers the job. Filing a claim becomes less about filling a form and more about navigating a map with overlapping jurisdictions and strict deadlines.
I’ve guided longshore laborers with crushed fingers, ship repairers after back surgeries, and terminal mechanics with occupational hearing loss through the workers’ comp maze. The core steps are consistent, but the devil sits in the exceptions. This guide breaks down what actually happens, where claims get hung up, and how to make choices that protect your health and your paycheck.
The two legal tracks: state comp and the federal longshore framework
Most land-based employees use state workers’ compensation systems. Maritime and dock workers often land under a federal system, the Longshore and Harbor Workers’ Compensation Act (LHWCA). Knowing which lane you’re in matters from day one, because the forms, deadlines, and benefits differ.
LHWCA covers many workers who load, unload, build, repair, or dismantle vessels on navigable waters and adjoining areas like piers, wharves, dry docks, terminals, and marine railways. It also extends to harbor construction and certain marina tasks when they relate to vessel operations. If you’re a longshoreman on a container pier, a shipwright in dry dock, or a diesel mechanic maintaining cargo-handling gear at a terminal, LHWCA is likely your home statute.
There are carve-outs. Crew members assigned to a vessel fall under the Jones Act rather than LHWCA. Office clerks on the dock usually do not qualify under LHWCA. Some states have concurrent jurisdiction, allowing a worker to pursue both a state workers’ compensation claim and an LHWCA claim. You cannot double-collect the same benefit, but dual filings can preserve rights while coverage is sorted.
Georgia, for example, has an active port economy, and I routinely see overlap. Many Savannah and Brunswick terminal workers qualify for LHWCA, yet a parallel state claim with the Georgia State Board of Workers’ Compensation can help if the carrier disputes Longshore status. If you’re searching “workers comp attorney near me” or “Georgia workers compensation lawyer,” you’ll want someone fluent in both lanes. An experienced workers compensation attorney can assess where you fit after a quick review of your job duties and the place of injury.
What to do immediately after a maritime or dock injury
The first 24 to 72 hours often define the whole claim. Supervisors rotate, memories fade, and carriers start their investigations. Tight steps early will save months later.
Get medical help without delay. If it’s a major incident, call for transport. If it’s a wrench to the shoulder or a fall on a slick deck, report it and go to a qualified clinic the same day. Under the LHWCA, you generally may choose your own physician, though employers sometimes steer workers to preferred clinics. In Georgia’s state system, employers who properly post a panel of physicians can require you to pick from that list. If you feel pressured, document the conversation. The choice of doctor carries outsized weight, because your treating physician’s opinions often drive the outcome, from work restrictions to permanent impairment.
Report the injury to your supervisor as soon as you can and get a written acknowledgment. Names and roles matter: the gang boss, the crane operator who witnessed the miscommunication, the clerk who saw the spill that caused your slip. Precision beats volume. If you were carrying twist-locks down Bay 4 of Berth 2 at 2:15 p.m. during light rain and slipped on hydraulic fluid from RTG #12, write exactly that. Photographs of the spill, broken guardrail, missing non-skid tape, or the stacked chocks are gold. Do not assume the safety office will capture what helps you. They will document what helps them.
If you suspect repetitive trauma—tendinitis from years of lashing gear, carpal tunnel from constant radio operation, hearing loss from shipyard riveting—tell your supervisor as soon as you connect symptoms to work. Occupational conditions often trigger disputes over the “date of injury,” which in turn controls deadlines. The safer path is to give notice when symptoms affect your job or when a doctor ties them to your work.
Filing under LHWCA: the forms that actually move money
Under LHWCA, paperwork flows to the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP), Longshore division. The first formal step for the injured worker is the LS-203, the Employee’s Claim for Compensation. Deadlines are tighter than many expect. You must give notice to the employer within 30 days of the injury or when you reasonably discover a work-related condition. Then, you have one year from the injury (or one year from the last voluntary payment of compensation) to file the LS-203 with OWCP.
The employer files the LS-202, an Employer’s First Report of Injury, within 10 days after learning of a lost-time injury or occupational disease. That filing triggers an OWCP case number. Employers also file the LS-1 to authorize initial medical treatment, but again, you can choose your doctor. If an employer drags its feet, call the district office for your port or ask a workers comp claim lawyer to push. The district offices are staffed by people who handle these claims daily; a short conversation can break a logjam that would otherwise linger for weeks.
Temporary total disability (TTD) benefits under LHWCA pay two-thirds of your average weekly wage, subject to a statutory maximum that changes annually. Calculating the average weekly wage is not just simple arithmetic. For longshore workers with fluctuating hours and overtime, the law looks at earnings over the prior 52 weeks and accounts for seasonal swings. If you worked 38 weeks due to a winter lull, your wage base may be adjusted to reflect the reality of the trade. Shipyard employees with steady schedules might be treated differently than casual longshoremen tied to a hiring hall. This is where a workers compensation benefits lawyer earns their fee. A small shift in the wage calculation can mean tens of thousands of dollars over the life of a claim.
If the insurance carrier disputes coverage or refuses payment, an OWCP claims examiner can hold an informal conference. Many disputes resolve there with a written memorandum. If not, the case moves to the Office of Administrative Law Judges for a formal hearing. Getting there requires time and patience. Evidence wins cases: detailed medical records, credible testimony about your job tasks, and precise wage data from your employer and the union hall.
Filing under a state system: Georgia as a working example
State workers’ comp remains the default for many shore-based workers who don’t meet LHWCA’s situs and status tests. In Georgia, you typically file a Form WC-14 with the State Board, declaring your claim and noticing the employer and its insurer. You should file within one year of the accident or within one year from the last medical treatment paid by the employer. Notice to the employer should occur within 30 days.
Georgia wage replacement comes in at two-thirds of your average weekly wage, capped by a state maximum that changes periodically. For many dock and terminal jobs in the Atlanta area—think transloading, intermodal rail yards, and warehouse operations tied to port cargo—Georgia comp can be the correct route. The choice between filing state versus LHWCA isn’t always obvious, especially when a worker splits time between the pier and inland facilities. An Atlanta workers compensation lawyer who understands maritime-adjacent work can help you evaluate both options and, if needed, file claims in both systems to preserve rights while the legal question sorts out.
The medical engine: how to pick and manage your treating physician
Claims rise or fall on medical documentation. The treating physician becomes your de facto voice. In Longshore cases, you generally can pick any qualified doctor. Choose someone who treats your type of injury regularly and who knows how to write a clear, causation-focused report. For example, “left shoulder rotator cuff tear consistent with traction injury while manually lifting twist-locks; no prior symptoms; work is more likely than not a causal factor” carries more weight than “left shoulder pain after work incident.”
If you start with an employer clinic for first aid, you can switch to your chosen doctor, but tell the carrier in writing and keep proof. In Georgia, if the employer posted a proper panel, you must select from that list or use a valid exception. Many disputes in Georgia revolve around whether the panel was correct and properly posted. Photographs of the panel at the time of injury have resolved more than one argument.
Watch out for “maximum medical improvement.” That phrase—MMI—signals a pivot point. Maximum medical improvement workers comp determinations define when temporary disability ends and permanent benefits begin. Carriers often push for an early MMI to cut off wage checks. Your doctor should not declare MMI until you’ve completed reasonable treatment, including therapy, injections, or surgery if medically indicated. Once at MMI, you’ll receive a permanent impairment rating. Under LHWCA, arm, leg, hand, foot, and hearing injuries use a schedule. Backs and shoulders use a different analysis tied to wage loss. Skipping meaningful therapy or missing appointments can lead to a premature MMI that shrinks your benefits. Protect your schedule and document legitimate conflicts.
Notice, deadlines, and the trapdoors that close claims
A strong claim can collapse on a deadline. I’ve seen excellent cases dismissed for missing a one-year filing window by a week. Under LHWCA, the one-year period to file the LS-203 usually runs from the date of injury, but in occupational disease cases it can run from when the worker knew, or should have known, of the relation to employment. Carriers sometimes make voluntary payments that restart the clock. Keep a simple notebook or phone log of dates: injury, notice to employer, first clinic visit, first check date, and any stopping point for payments.
In Georgia, the one-year filing rule generally applies, but the timing can hinge on the last medical treatment paid by the employer or last weekly benefit paid. If you received authorized treatment two years ago, then no activity, your right to claim might be gone. This is why a short call to a workers comp lawyer early beats a scramble later. A good workplace injury lawyer will look for exceptions that preserve a stale claim, but it’s better to avoid that road.
Compensability: what counts as a work injury in this world
Not every ache qualifies. A compensable injury workers comp claim needs a clear tie to the job. For maritime and dock work, the range is broad. Crush injuries from twist-locks, falls from ladder wells, back strains from lashing containers as the deck shifts, chemical exposures while cleaning tanks, and hearing loss from chipping and grinding in a shipyard are common. Heart attacks on duty and stress claims require careful analysis. Intoxication and horseplay can kill a claim. Failing to wear required PPE might reduce credibility but doesn’t necessarily defeat compensability if the employer failed to enforce safety rules or if the hazard was still a substantial factor.
Preexisting conditions complicate things but don’t doom them. The “aggravation rule” under LHWCA means that if work aggravates a prior back problem to the point you need surgery, the employer takes the worker as they find them. State standards vary, but many recognize aggravations as compensable. Your doctor’s language is crucial. “Aggravated, accelerated, or exacerbated by work” opens doors that “unrelated degenerative process” slams shut.
Wage replacement and the art of the average weekly wage
Calculating the average weekly wage feels simple until it isn’t. A terminal mechanic with steady straight-time earnings presents your cleanest example. But longshoremen often bank overtime and night differentials when ships are in, then see lean weeks when schedules thin. Under LHWCA, there are alternate methods to capture the reality of variable work. We gather pay stubs for the prior year, union dispatch records, and any off-cycle bonuses tied to the dock. For someone injured in peak season, it may be fair to annualize earnings rather than use a short window that makes wages look artificially high or low.
Georgia takes a similar approach with three methods: thirteen weeks of earnings from the injured worker or a similarly situated coworker, or a fair estimation when neither works. If you work two jobs—say, longshore dispatch and part-time warehouse shifts—only certain systems allow combining wages. Under LHWCA, concurrent employment that’s similar in nature often counts. Under state law, rules vary. This is a classic place to ask a work injury attorney to run the numbers.
Light duty, modified duty, and the pull to return too soon
Ports run on production. Once your doctor releases you to light duty, the employer may offer modified work. Under LHWCA, refusing suitable work can reduce or suspend your wage benefits. The key is whether the offered job fits your doctor’s restrictions and resembles legitimate work, not a made-up role designed to fail. I’ve walked clients through “staple papers at the guard shack” positions that vanished after a week and “sit and watch a TV in the safety office” assignments. Document every duty you perform, every hour, and any tasks that violate restrictions. If a supervisor nudges you to lift more than the allowed weight to help the team, note it and politely decline. Your future case may turn on whether the modified job was bona fide.
In Georgia, vocational rehabilitation varies by case, but the practical lesson is the same: good documentation beats vague recollection. If the job causes increased pain or swelling, report it immediately and request a recheck with your doctor. Don’t let bravado drive you back to the lashers before your shoulder is ready.
When the claim turns adversarial: disputes, surveillance, and independent exams
Carriers have a predictable playbook. Expect surveillance if your case involves significant wage loss or surgery. That doesn’t mean you should live like a statue. It means act consistently with your restrictions. If your restrictions cap lifting at 15 pounds, don’t hoist a 40-pound cooler up your porch. Short, grainy clips can be persuasive.
You may be scheduled for an independent medical exam. In Longshore, the employer can request one, and OWCP can order one as well. In Georgia, the insurer has a statutory right to an evaluation under certain conditions. Bring a friend as a witness, arrive early, and answer questions plainly. Avoid guessing; if you don’t know, say so. Then report back to your treating physician promptly with any contradictions in the IME report. Your treating doctor’s reasoned response can neutralize a hostile exam.
If benefits are cut, the gap between stopping and reinstating checks can be weeks or months. A workers comp dispute attorney can push for an expedited conference in Longshore cases or a hearing request in state cases. In the meantime, keep treating. Skipping care because checks stopped is understandable, but it hands the carrier an argument that you’ve improved or abandoned care.
Settlements: structure, timing, and tax angles
Most cases resolve by settlement once you’ve reached MMI and your long-term restrictions and impairment are clear. Under LHWCA, settlements are subject to approval, and the administrative law judge or district director will assess whether the amount reasonably reflects the risks on both sides. Structured settlements sometimes make sense for younger workers or those with ongoing treatment costs. In many workers’ compensation systems, wage loss benefits are not subject to federal income tax, but lump sum settlements can have offsets that interact with Social Security or long-term disability. Talk to counsel and, if the numbers are large, a tax professional. An experienced workplace accident lawyer will model different settlement scenarios and account for future medical in realistic dollars, not wishful thinking.
In Georgia, the Board must approve settlements as well, and medical rights can be closed or left open. Closing medical can deliver a larger number today at the cost of future flexibility. If your injury involves a fusion, a shoulder replacement, or post-traumatic arthritis that will deteriorate, think carefully before giving up paid medical.
Special cases: hearing loss, occupational disease, and cumulative trauma
Shipyards and terminals are loud. For hearing loss under LHWCA, you can bring a claim even if you’re still working, and the date of injury typically aligns with the date of last exposure. A valid audiogram and report from a qualified audiologist will be needed. I’ve seen workers ignore tinnitus and gradual hearing loss until they miss crane radio calls and face discipline. Don’t wait that long. Filing does not mean you are unfit for duty.
Occupational diseases like asbestosis, solvent neuropathies, and dermatitis require careful proof. The latency periods can stretch decades. The statute gives additional time for these claims, but identifying the correct responsible employer and carrier can take diligence. A job injury attorney familiar with maritime exposures can reconstruct your work history and locate coverage that even old employers may have forgotten.
Cumulative trauma claims—elbows, shoulders, backs—live in the gray. You’ll need a doctor to explain how repetitive motion, awkward postures, vibration, or forceful exertion at your specific job produced the condition. Generic opinions don’t survive cross-examination. Bring photos or a short video of your actual tasks to your doctor. Seeing how you dog a hatch or coil heavy lines communicates more than a thousand words of description.
When to bring in a lawyer and what to ask
You don’t need a lawyer for every claim. If you sprained an ankle, missed three days, and returned to full duty with paid medical, you may never need legal help. But if your injury involves surgery, lost time beyond a week, a disputed cause, or a denied claim, consult a workers compensation lawyer early. Look for an attorney who handles both Longshore and state claims. Ask how often they appear before administrative law judges in Longshore cases and how they calculate average weekly wage for variable earners. A good work-related injury attorney should be able to sketch a timeline, identify likely disputes, and tell you what evidence they’ll need from you.
For those near the ports of Savannah or Brunswick, a Georgia workers compensation lawyer with maritime experience is essential. If you’re inland around Chatham, Fulton, or the Atlanta rail hub, an Atlanta workers compensation lawyer who understands how inland intermodal work ties back to port cargo can spot LHWCA coverage that a purely land-based practitioner might miss. If you’ve already searched “workers comp attorney near me,” vet the results by asking about Longshore decisions they’ve handled, not just state settlements.
Fee structures are different from personal injury cases. In many workers’ compensation systems, attorney fees are contingent and subject to approval by the court or board, often paid by the carrier when you prevail on disputed benefits. In Longshore, fee petitions are detailed and reviewed line by line. This aligns the incentives: your lawyer gets paid when they move the needle on contested issues.
Practical documentation: the small habits that pay off
The strongest claims come from workers who keep quiet, consistent records. After an incident, open a digital note and capture dates, names, and short descriptions. Snap photos of the hazard. Save copies of every medical document, work note, and pharmacy receipt. Keep your pay stubs and dispatch records. If a supervisor says “we’ll take care of you, no need to file,” note it and file anyway. If safety fixes a hazard after you report it, that does not erase the incident; it confirms your report mattered.
One port electrician I represented wrote three sentences after each therapy visit: what hurt, what he could not do at home, and any changes to his restrictions. When the carrier argued he had improved and could return to heavy work, those notes—paired with consistent therapy records—carried more weight than a one-time insurer exam. Small habits, big impact.
A focused step-by-step when you need just the basics
- Get medical care immediately and choose a qualified treating physician; don’t delay or tough it out. Report the injury in writing to your supervisor within 30 days, with precise details and witnesses. Preserve evidence: photos of the scene, names, pay records, dispatch logs, and all medical documents. File the correct claim: LS-203 for Longshore; WC-14 for Georgia state claims; consider concurrent filings if coverage is unclear. Protect your wage base and medical course: attend all visits, follow restrictions, and push back on premature MMI.
Common myths that derail maritime and dock claims
- “If I report this, I’ll be blacklisted.” Retaliation is illegal, and unions and regulators take it seriously. Quietly documenting and promptly filing protects you more than silence. “I can’t choose my own doctor.” Under LHWCA, you generally can. In Georgia, the posted panel rules apply, but panels are challengeable if defective. “My old back problem ruins my case.” Work aggravations are often compensable. The right medical language matters. “I waited because the pain started small.” Late notice breeds suspicion. Report when symptoms start interfering with work or when a doctor links them to your job. “Surveillance means I should do nothing.” Live your life within restrictions. Consistency beats caution theater.
Filing a workers’ compensation claim as a maritime or dock worker is not about gaming a system; it’s about using a system built for a dangerous trade. The path runs straighter when you pick your doctor with care, meet deadlines, and document what really happened on the pier or in the yard. When disputes erupt—as they often do—an experienced workers comp attorney can steady the ship, whether they wear the label workers compensation lawyer, workplace injury lawyer, or job injury attorney. Names aside, you want someone who has stood on your pier, knows the smell of hydraulic fluid in the rain, and understands how to turn your lived https://workerscompensationlawyersatlanta.com/fairburn/workers-compensation-lawyer/ reality into a credible, compensable claim.