Information for Attorneys and Representatives:

Longshore Cases

In Longshore cases, attorneys make their entry of appearance before OWCP on the LS-18 - Pre-Hearing Statement form (item 3 is for attorney/representative information; that item functions as notice of appearance). See also 20 C.F.R. § 802.202 (Entry of appearance before the BRB).

In a longshore case, an attorney can collect a fee only if successful in prosecuting the case for the claimant. 33 U.S.C. § 928. An attorney only gets a fee when the ALJ awards one. The ALJ makes a fee determination only after the attorney who represented the claimant files a fee petition and the opposing side has been given the chance to make objections. In the overwhelming majority of successful cases fees and costs are paid by either the employer or the employer's insurance carrier.

For more information, see Judges' Benchbook: Longshore and Harbor Workers' Compensation Act (2002), Topic 28, Attorney's Fees