The Longshore and Harbor Workers’ Compensation Act and Crossover Issues with California State Workers’ Compensation

JULIANA GUERRIERO, ESQ.

LONG BEACH, CALIFORNIA

INTRODUCTION

Longshore and harbor workers who are injured at work can pursue both a Longshore and Harbor Workers’ Compensation Act (LHWCA) case and a state workers’ compensation case. This is called dual jurisdiction. The two claims can be filed concurrently and pursued simultaneously, and the case can be transferred between venues as needed to maximize benefits to the injured worker. However, practitioners must carefully coordinate credit issues between the two cases.