Longshore and state workers' comp: which states allow both claims

In some states, a worker hurt on a dock, pier or terminal can file two claims for the same injury: one under the federal Longshore and Harbor Workers' Compensation Act (LHWCA) and one under the state's workers' comp law. Lawyers call this concurrent jurisdiction. Other states have passed laws that shut workers covered by the Longshore Act out of state workers' comp, so those workers have only the federal claim.

California allows both. Texas does not. Below is where each state stands, based on state statutes and court decisions as of November 2026.

Why can a worker file in two systems?

In Sun Ship, Inc. v. Pennsylvania (1980), the U.S. Supreme Court held that the Longshore Act "supplements, rather than supplants, state compensation law" for injuries on land. So a state may cover the same injury. But each state decides whether it wants to, and many have chosen not to.

Do I get paid twice?

No. Under 33 U.S.C. § 903(e), anything you are paid under a state workers' comp law for the same injury is credited against your Longshore benefits. In practice, filing both can mean you receive the higher of the two benefit levels and can use whichever system's rules help you most, not double pay.

States that allow both claims

Courts in these states have said a state claim and a Longshore claim can go forward together, at least for injuries on land:

California: Sea-Land Service, Inc. v. WCAB (1996). See our guide to filing both claims in California.
New York: Matter of Rodriguez v. Reicon Group (2010)
Illinois: land-based injuries only, National Maintenance & Repair v. Illinois Workers' Compensation Commission (2009)
Minnesota: Ansello v. Wisconsin Central (Minn. WCCA 2017)

Industry lists also treat these states as allowing both, but we have not confirmed each one with a statute or court decision: Alabama, Alaska, Connecticut, Delaware, Massachusetts, Michigan, North Carolina, Rhode Island, South Carolina and Wisconsin.

States that do not allow a state claim

These states have laws that exclude workers covered by the Longshore Act (or by federal law generally) from state workers' comp. In these states, a covered worker usually has only the Longshore claim:

Texas: Tex. Lab. Code § 406.091; In re Shippers Stevedoring Co. (2008)
Washington: RCW 51.12.100
Oregon: ORS 656.027(4)
Louisiana: La. R.S. 23:1035.2
Florida: Fla. Stat. § 440.09(2)
Virginia: injuries on or after July 1, 2012, Va. Code § 65.2-101
Maryland: Md. Code, Lab. & Empl. § 9-223
Pennsylvania: since a 2014 amendment to its workers' comp act
New Jersey: N.J.S.A. 34:15-36
Ohio: Ohio Rev. Code § 4123.54(I)
Mississippi: Miss. Code § 71-3-5
Hawaii: likely, under HRS § 386-7, though we found no Hawaii appeals court decision on point

States that are unclear or changing

Georgia: has allowed both, but a 2025 bill (HB 574) would end that. Check its status before relying on either rule.
Maine: the statute and industry lists point in different directions.
Indiana and New Hampshire: we found no clear statute or decision.

Important limits

Filing both is clearest for injuries on land, such as on a dock, pier, terminal or shipyard. Injuries on the water are decided case by case.
Seamen covered by the Jones Act are a different group with different rights.
Even in states that exclude state comp, you may have a separate lawsuit against a vessel owner or another company that caused your injury.
Laws change. Before you decide where to file, have a lawyer confirm the current rule in your state.

Free consultation. Se habla español. Call (510) 856-4421.

Reviewed by Daniel Weltin, attorney at law. Updated November 2026. This guide is general information, not legal advice for your case. Laws change, so call us about your situation.

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