Longshore Claims
Longshore and Harbor Workers’ Compensation Act
Longshore claims are covered under the Longshore and Harbor Workers’ Compensation Act, which is a federal law that offers compensation for employee injuries related to dockside work including loading and unloading vessels, repairing and maintaing shipping containers, and dry dock ship repairs. Also it can cover employees temporarily working at sea, or in relation to sea-going vessels, or to some employees working overseas.
Longshore and Harbor Workers’ Compensation Act
The Employment Standards Administration, the Office of Workers’ Compensation Programs (OWCP) and the U.S. Department of Labor are the agencies which administer claims under the Longshore and Harbor Workers’ Compensation Act (LHWCA). Similar to state workers’ compensation laws, no party must be found negligent in order for an employee to receive benefits under this act. Employees who become disabled while working on U.S. navigable waters or adjoining areas such docks and piers or those used in buildings or repairing a vessel or loading or unloading vessel cargo may receive compensation and medical care under the LHWCA. When an employee dies from injury on the job, the surviving family may receive death benefits under this act as well.
Total and partial disability benefits are covered for disabilities when the employee is unable to make the same amount in wages as he or she was earning at the time of the injury. Compensation may include medical care for life.
The employee must report the injury within 30 days after being injured and the employer may also dispute the claim or offer voluntary payment within 14 days after the injury occurred.
Examples of Cases the firm has handled include:
- Repetitive trauma due to years of work place lifting, carring, bending, climbing, twisting and turning
- Back and Neck Injuries
- Crush Injuries
- Chemical Exposures
- Heart Attacks
- Psychiatric Injuries
- Bone Fractures
- Head Injuries
- Injuries to the Eyes and Ears due to Exposure
- Carpal Tunnel Syndrome
Legal Help
Because the Longshore and Harbor Workers’ Compensation Act is a complex and highly specialized legal area, it is vital to seek legal help and representation early on in your case. Our lawyers at Steven M. Dunn, P.A. can assist you in determining the proper status entitled by law and strive to help you receive the maximum compensation for your injury. Contact our law firm online or at 305-868-1400 or toll free at 1-888-576-9076 to arrange a consultation to discuss your case.
