The Longshore & Harbor Workers’ Compensation Act is a federal law that provides compensation and medical benefits to maritime workers injured on navigable waters or adjoining areas. It is unique from typical workers’ compensation benefits in that Longshore & Harbor Workers’ Compensation Act benefits only apply to the following: workers involved in loading, unloading, and repairing vessels; workers engaged in the construction and maintenance of ships; employees working on construction projects in harbors; and employees who perform work on navigable waters. Claims under the Longshore & Harbor Workers’ Compensation Act often involve complex economic issues, including wage loss, earning capacity, and the present value of future benefits. Longshore claims also involve damages being determined by an administrative law judge in a formal administrative hearing. Accurate analysis requires experts who understand both the LHWCA framework and accepted economic methodologies.

At RPC, our vocational experts and economists work regularly with attorneys to determine economic damages, evaluate work capacity, and provide expert testimony in maritime injury cases. We work with counsel representing injured workers, employers, and carriers to evaluate future loss of earning capacity under the Act.

Learn more about our Longshore Act services. Contact us for a consultation.

Vocational Evaluations

RPC’s vocational experts evaluate pre-injury expected earnings and post-injury earning capacity for maritime workers covered by the LHWCA. Our services include:

• Vocational evaluations addressing physical restrictions and transferrable skills
• Coordination with treating or expert physicians to determine ability to return to work
• Labor market surveys identifying post-injury employment options

Economic Analysis

Calculation of the discounted present value of loss of earning capacity using reasonable wage growth and a below-market real discount rate, accounting for fringe benefits and work life expectancy.

Review of Economic Opinions in Longshore & Harbor Workers’ Compensation Act (LHWCA) Claims

RPC also assists attorneys and claim examiners by reviewing economic opinions submitted in LHWCA cases. We evaluate whether assumptions regarding earnings, work capacity, and future benefits are reasonable, supported by the record, and consistent with accepted economic practice.

Expert Testimony

Attorneys rely on RPC’s economists to provide testimony in LHWCA proceedings, including depositions and hearings before administrative law judges. Our experts explain economic concepts, wage calculations, and present value issues in a manner that is accessible and well supported.

RPC’s consultants provide expert testimony to defend their opinions and have experience providing testimony in front of administrative law judges.

What Sets RPC’s Longshore & Harbor Workers’ Compensation Act (LHWCA) Experts Apart?

RPC’s LHWCA services are supported by a multidisciplinary team of economists and vocational experts who regularly work on complex injury and compensation matters. Our collaborative approach ensures consistency across wage loss analysis and earning capacity evaluations.

Rather than coordinating multiple experts, attorneys and paralegals can rely on RPC as a single source for LHWCA-related economic analysis and expert testimony.

If you need dependable, court-tested experts for LHWCA matters, RPC is your one-stop solution.

Standard Fees and Terms

 FEES: RPC will be compensated for all services based on its current fixed fee schedule for counter-affidavits and medical cost analysis reports, shown below. Preparation and testimony at trial and/or deposition on counter-affidavits or medical cost analysis reports will be billed at RPC’s current hourly rates. All other work will be billed at RPC’s current hourly rates at the time services were performed. All time spent on the project by professional, technical, and clerical personnel, including travel hours, will be billed. The following fixed fees and hourly rates for RPC employees are currently in effect:

Hourly Rates

Principal: $525

Economists and Financial Consultants: $450

Life Care Planners & Vocational Consultants: $350

Other Consultants: $200–$350

CLINICAL CONSULTANTS: RPC has standing professional relationships with several physicians and neuropsychologists who work on RPC engagements as subcontractors. Each clinician establishes his or her own fees. We will provide clients with fee schedules for clinicians who may work on a project.

EXPENSES: RPC does not separately bill for routine copy, postage, or long-distance telephone charges. We do bill for large copying jobs when requested by a client. RPC bills for express fees, travel expenses, and for publications and data used for a project.

RETAINER: RPC requires a retainer before commencing work on a project. The retainer is our minimum charge for work on the project. When total fees for a project exceed this minimum, we apply the retainer to the final invoice for the project and write a refund check if the unpaid balance is less than the retainer.

For some projects, RPC prepares more than one report. There is only one retainer for each project, regardless of the number of reports.

LETTER OF ENGAGEMENT: RPC requires a signed letter of engagement before commencing work on a project. The letter establishes who is responsible to pay RPC for its services and states the scope and other terms for the engagement. A sample letter of engagement is available on request.

SPECIAL ARRANGEMENTS: There are unusual projects for which RPC provides services under arrangements different from our standard fees and terms. To discuss such a project, contact Ron Luke, RPC’s president, at 512-371-8166 or rluke@rpcconsulting.com.