The Longshore and Harbor Workers’ Compensation Act The Basics

1. The Longshore and Harbor Workers’ Compensation Act: The Basics If you’ve been injured on a ship, barge, or other vessel, you may be eligible for benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The LHWCA is part of the law that fills the gap between maritime acts and state Workers’ Compensation laws. These types of maritime acts help provide benefits to maritime employees who are not considered seamen under the Jones Act. After reporting your injury to your employer, you’ll want to seek the guidance of LHWCA Law Firm Ft Lauderdale FL. Lawyer info can be plentiful, but also confusing and misleading, so it’s important to take care when selecting a law firm to represent you. If you are a seaman who has been injured in the line of duty, and if your employer was negligent in providing you with a safe work site, then you may be eligible for benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA). You can collect compensation for medical expenses and damages incurred due to disability. This can include past and future needs, as well as rehabilitation benefits. Contact a LHWCA Law Firm Ft Lauderdale FL for filing your claims. The Longshore and Harbor Workers’ Compensation Act also allows an injured worker to sue persons or entities other than his or her employer if he or she believes they are at fault for their injuries. When a worker is injured on a vessel, there may be a claim of negligence against the vessel and its owner, resulting in a Third Party Longshore case. The LHWCA is administered by the Department of Labor's Office of Workers' Compensation Programs. A worker covered by the LHWCA is entitled to temporary compensation benefits of two-thirds of his average weekly wage while undergoing medical treatment, and then either to a scheduled award for injury to body parts enumerated in 33 U.S.C. § 908 (c) or two-thirds of the workers' loss of wages, or wage earning capacity. In the event of a longshoreman or harbor worker injury, there are several steps to take before claiming benefits under the Long-shore and Harbor Workers’ Compensation Act. First, you have only 30 days to give your employer notice of your injury. This can be done by letter or phone call (it is recommended that you do not delay reporting an injury).

2. A formal LHWCA claim for benefits must be filed with LHWCA Law Firm Ft Lauderdale FL within one year from the date of injury. If you fail to file within that time frame, you will lose your right to claim benefits. An employer can dispute the claim or begin voluntary payment within 14 days of the accident. If it does so, then it must continue paying until all disputes have been resolved. The LHWCA applies only if: the injury occurred while working on or near navigable waters; the injury occurred while performing duties connected with maritime commerce; and the injury arose out of and in the course of employment by an employer who is subject to this Act by reason of such employment by him in maritime commerce.