Tuesday, August 6, 2013

Longshore and Harbor Workers Compensation Act (LHWCA) Claims


The Longshore and Harbor Workers' Compensation Act (LHWCA) is a Federal law requiring maritime employers to provide workers' compensation insurance that covers their employees' on-the-job injuries and occupational diseases which occur on the navigable waters of the United States, or adjoining areas. The Longshore and Harbor Workers' Compensation Act provides compensation for workers who are injured while at work in maritime industries that require use of the waters of the United States.

The U.S. Department of Labor approximates that around 500,000 workers are protected under this program and around 400 insurance companies provide compensation through the program. In order for a work-injury to qualify for coverage under the LHWCA the injury must have happened at a protected job, you must be a protected employee, and the employer must be the type of maritime employer covered by the Act.

In addition to Longshore benefits, you may be entitled to compensation from a third party for your injuries. Only an experienced Longshore lawyer will know who you can sue and what you can recover. You should certainly speak with a lawyer before you accept any form of settlement from your maritime employer or any other source.

What jobs are covered by the Longshore and Harbor Workers Compensation Act? A job upon the navigable waters of the United States and/or an adjoining pier, wharf, dry dock, marine railway or other adjoining area usually used in working with or building vessels.

What longshore employees are covered by LHWCA? A covered employee generally works building or repairing ships, transporting good and cargo, or building docks or structures used on, near or over water. The Act would usually also cover dock hands, longshoremen, hold men, forklift operators, port and harbor workers, warehousemen and any workers constructing facilities for maritime commerce.

How do I know if my maritime employer is covered by LHWCA? The Act broadly defines this as any employer whose employees are employed in maritime employment.

Is anyone excluded from coverage? Yes. The Act excludes certain governmental employees both locally and from abroad and those whose own illegal actions contribute to their injuries. Other workers, such as members of the crew of a vessel, are covered by different laws like the Jones Act and general maritime law. Although the technical requirements of the act clearly identify some of the workers who are covered, other workers whose job functions require some of the above mentioned tasks might be able to seek compensation under the Act.

A longshore attorney can be of tremendous help in cases which don't seem to fit into the LHWCA structure. Also, if you feel that you have been awarded too little in damages and insurance, you can seek the help of an attorney to figure out how you can appeal the decision. An experienced longshore attorney will help you file your claim under the Act's provisions, and help you show why you deserve to be compensated under the act. If you or someone you know was injured at work in the shipping industry, you should contact experienced longshore injury lawyers for more information.

No comments:

Post a Comment