If you work to unload and load cargo and other ships, or provide any service around or in navigable waters, you encounter many of the same hazards as the seamen who work offshore. Heavy cargo, load falls, and other accidents can leave you injured with lifelong repercussions.
The Longshoreman Rights Lawyers at Lapeze & Johns are familiar with the hazards that go into working around water and know the maritime injury laws like the backs of their hands. If you work in the Gulf Coast as a longshoreman, you may benefit from our maritime injury counsel. Case evaluations are free, and can help you assess the full picture of your claim situation.
Longshoreman, also referred to as harbor workers, are available for compensation under what is known as the Longshoremen and Harbor Workers’ Compensation Act (LHWCA) which was enacted in 1926 to provide similar protections as traditional workers’ compensation to employees who work around navigable waters. In many ways, LHWCA covers more and has more benefits than a traditional workers’ compensation policy.
Unlike seamen, longshoremen may seek administrative claims against employers that are filed with the Department of Labor. They may also file against vessel owners. Proving negligence is an important aspect of any LHWCA claim that is filed. It is important to have a Longshoreman Rights attorney serving the Gulf Coast who is knowledgeable about LHWCA to help you receive the compensation you deserve.
To be covered under the act, proof of status and situs are required. The status test clarifies that the injured employee was doing work that is traditional longshore work, and was doing that work when injured or was injured on navigable waters. The situs test clarifies that the accident occurred on or near navigable waters.
Injury Benefits Covered by the LHWCA
- Medical expenses such as surgery, doctor visits, hospital treatment, and other services required in the treatment of work related injury are covered. The cost of travel to treatment may also be covered. The injured party may choose any medical doctor, except for those not authorized by the Department of Labor under the act.
- Disability compensation is available at a variety of levels, including:
- Permanent total disability
- Temporary total disability
- Permanent partial disability
- Temporary partial disability
- Rehabilitation costs are also covered under the act. These may include testing, evaluations, vocational retraining, and the cost of supplies and books.
- Death benefits are available to widows and other eligible survivors to cover lost income and funeral expenses. Eligible survivors may include any dependent of the decedent, including parents, grandparents, siblings, children, and grandchildren.
All notices surrounding a claim must be given to the employer within 30 days of the injury, and the statute of limitations for filing a claim under the act is one year. If possible, document the evidence of your injury in photographs and get the names of witnesses. Securing a Gulf Coast maritime attorney who is familiar with the act is the best way to make sure you meet all the conditions that are required to benefit from your claim. If you plan to make a claim, do not talk to anyone except your attorney about the details of the case.
Longshoreman Rights Attorneys
Lapeze & Johns Houston, Texas maritime attorneys have more than 30 years of collective experience in maritime injury law. With that knowledge comes the compassion and intimate understanding of the difficulties that injured maritime workers face. Our promise is to work tirelessly and aggressively for the best possible outcome. Every case is unique, and we deal with each differently. Call us or fill out our online form today for a free evaluation or more information about our reputation in maritime injury law throughout the Gulf Coast.