Longshore Injury Doctor: Your Right to Choose a Physician Under the LHWCA

Quick answer: Under the Longshore and Harbor Workers’ Compensation Act (LHWCA), an injured longshore, harbor, shipyard or dock worker has the right to choose their own attending physician. Report the injury to your employer within 30 days (Form LS-201), ask for Form LS-1 to authorize treatment by the doctor you choose, and file your claim (Form LS-203) with the Department of Labor within one year.

Dock and shipyard work is some of the most physically demanding work in America — heavy cargo, cranes, slippery decks, confined spaces and long shifts. When an injury happens, the claim does not go through your state’s workers’ comp system. It runs under a federal law with its own forms, deadlines and doctor rules. Knowing them protects both your recovery and your benefits.

Key Takeaways

  • The LHWCA gives you the right to choose your own treating doctor.
  • Give written notice within 30 days of the injury (or of learning it is work-related).
  • Ask your employer for Form LS-1 — it authorizes the physician of your choice.
  • File a claim within 1 year (Form LS-203); occupational disease claims generally have 2 years from awareness.
  • Changing doctors later normally requires approval from the employer/carrier or the DOL district director.

Who Is Covered by the Longshore Act?

The LHWCA covers maritime workers injured on navigable waters of the United States or on adjoining areas used to load, unload, repair or build vessels — piers, docks, terminals, wharves and shipyards. Covered jobs commonly include:

  • Longshore workers and stevedores
  • Ship repairers, shipbuilders and shipbreakers
  • Harbor workers and crane operators
  • Container terminal and marine cargo workers

Crew members of a vessel (“seamen”) are generally not covered by the LHWCA — they fall under the Jones Act. Some related programs, such as the Defense Base Act, use the same LHWCA procedures.

Your Right to Choose a Longshore Injury Doctor

Section 7 of the Act gives you the right to choose your attending physician. Your employer cannot simply send you to a company clinic and stop there. In practice:

  1. Request Form LS-1 (Request for Examination and/or Treatment) from your employer and name the doctor you want.
  2. Choose a physician who is authorized by the Department of Labor. Employers keep a list of providers who are not authorized.
  3. Expect a possible second-opinion exam. The employer or carrier may schedule an exam with a doctor of their choice — your treating doctor’s records still matter most.
  4. Get approval before switching doctors. An unapproved change can leave treatment unpaid.

LHWCA Forms and Deadlines at a Glance

StepFormDeadline
Notify employer of injuryLS-201 (Notice of Employee’s Injury or Death)Within 30 days
Authorize treatment by your doctorLS-1 (Request for Examination and/or Treatment)As soon as possible
File claim for compensationLS-203 (Employee’s Claim for Compensation)Within 1 year (2 years for occupational disease from awareness)
Employer report of injuryLS-202Employer files within 10 days of knowledge

What Benefits Can a Longshore Worker Receive?

  • Medical care for the work injury, including doctor visits, therapy and prescriptions.
  • Disability compensation — generally two-thirds of your average weekly wage, subject to limits.
  • Vocational rehabilitation when you cannot return to your old job.

Why the Right Doctor Matters for Maritime Claims

Longshore claims are often decided on medical evidence: Is the injury work-related? Are you able to work? What restrictions apply? A physician familiar with LHWCA claims documents your condition clearly, explains how the job caused it, and keeps reports consistent over time — which helps prevent disputes and delays.

Doctors’ Council 22 works with union-member physicians experienced in longshore and maritime injury claims, with clinics in port regions such as Louisiana, Texas and Florida. Read more about our Longshore & Maritime Injury Claims care.

Injured on a dock, ship or terminal? Call 1-800-871-0551 or book an appointment. We’ll help you get the LS-1 process started with a doctor who understands maritime claims.

Frequently Asked Questions

Can a longshore worker choose their own doctor?

Yes. The Longshore and Harbor Workers’ Compensation Act gives injured workers the right to choose their attending physician, as long as the doctor is authorized by the U.S. Department of Labor. Your employer authorizes the choice with Form LS-1.

What is Form LS-1?

Form LS-1 is the Request for Examination and/or Treatment. It authorizes a physician of the employee’s choice to examine and treat a work-related injury under the LHWCA.

How long do I have to report a longshore injury?

Give written notice to your employer within 30 days of the injury or of learning it is work-related, and file a claim with the Department of Labor within one year.

Are seamen covered by the Longshore Act?

Generally no. Members of a vessel’s crew are usually covered by the Jones Act rather than the LHWCA.

Can I change my longshore doctor?

Usually only with approval from the employer or carrier, or from the Department of Labor district director. Changing without approval can leave treatment unpaid.

This article is for general information only and is not legal or medical advice. Rules change and every claim is different — confirm current requirements with the Department of Labor, your state agency, or a qualified attorney. In an emergency, call 911.

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