Longshoreman & Harbor Workers Compensation Act Lawyers
If you work in the maritime industry and were injured while loading cargo, performing maintenance or while on a ship, barge, or rig, our Longshore Accident Lawyers can help. Having recovered Millions for those injured, our lawyers have the experience and resources to try and help your family get fully compensated for your injuries.
After helping you receive the medical care you need, our lawyers will determine whether your claim should be filed under the Longshore and Harbor Workers Compensation Act (LHWCA) or the Jones Act. This analysis can substantially effect the damages and remedies that are available to you and your family.
Your Rights Under the Longshore & Harbor Workers Compensation Act (LHWCA)
As a Longshoreman, you have the right to have your medical bills and related expenses paid by your employer while you recover. You also have the right to file an accident claim that includes seeking a percentage of wages as compensation. If your claim is denied, you then have the right to file a dispute. This is done by filing Form LS-207. You must file with the Office of Workers Compensation Programs (OWCP), and they will assist you and your employer in reaching a resolution. One of our attorneys can help you through this process in order to ensure that your rights are protected.
Which Workers are Covered Under the Longshore and Harbor Workers Compensation Act?
Stevedores and a number of other workers who regularly work on a number of different vessels (rather than a fleet of vessels owned by the same company) will fall under the LHWCA. Here are a few of the industries and job titles that do:
- Pier and dock workers
- Construction workers
- Maintenance workers
- Janitorial staff
The Difference between the Longshore and Harbor Workers Compensation Act and the Jones Act
The most important factors when determining whether you’re covered under the Jones Act are whether (1) you work on a specific vessel or “fleet of vessels” and (2) you spend at least 33% of your time working offshore in a job that contributes to the overall purpose of the voyage.
If you don’t meet these criteria because, for example, you work on the dock loading and unloading cargo or performing maintenance work on a number of different vessels (that are owned by different companies), you are most likely covered under the LHWCA.
Our experienced Maritime and Longshore and Harbor Workers Compensation Lawyers will determine your status and help fight for the maximum damages available to you and your family.
Benefits Available under the Longshore & Harbor Workers Compensation Act
Unlike the Jones Act, where you can receive large settlements for lost wages and future earnings, under the LHWCA you are entitled to a percentage of the national average weekly wages (NAWW) as determined by the Department of Labor. You could receive anywhere from 50 to 200 percent of that wage rate. This is in addition to having your medical bills paid for, along with medications, surgeries, physical therapy, and even travel expenses associated with receiving medical care.
You may receive the following additional benefits:
- Vocational rehabilitation services or job training
- Medical care
- Compensation for lost wages