When you have been injured at work offshore or on a ship, you may be able to pursue compensation and benefits under The Longshore and Harbor Workers’ Compensation Act. To determine what your work injury claim may fall under is something that a Herbert & McClelland LLP attorney can help you determine at a free initial consultation.
The Longshore and Harbor Workers’ Compensation Act covers maritime workers who are not eligible for protection under the Jones Act because they do not meet the definition of “seamen.” For example, workers who help build or load and unload boats or ships are not considered Jones Act “seamen.”
The Longshore and Harbor Workers’ Compensation Act:
- is a comprehensive workers’ compensation scheme for maritime workers;
- covers workers who suffer injuries or illnesses on navigable waters or on places on land that adjoin navigable waters;
- fills a gap that exists between the Jones Act, which protects seamen, and state workers’ compensation, which cover injuries occurring within a particular state, but not usually on navigable water.
Under the Longshore and Harbor Workers’ Compensation Act:
- the right to receive benefits does not depend on a finding that the employer was at fault for the worker’s injuries or illness;
- injured or ill workers who qualify for coverage are entitled to medical and disability benefit payments and rehabilitation services;
- wrongful death benefits are available to survivors of a maritime workers who die from work-related injuries or illnesses.
- notice of the injury or illness must be given to the employer within 30 days of the date of the injury or discovery of the illness and to the Department of Labor within one year;
- an employer can dispute the injury or begin voluntary payment within 14 days of notice;
- the Department of Labor helps resolve any disputes;
- a lawsuit cannot be filed against the employer unless and until all Department of Labor’s dispute resolution procedures are resolved;
- at any time the injured or ill worker can sue persons other than his employer who are at fault for his injury or illness.
If you or a loved one suffered an injury or illness during the course of employment on or related to a vessel or other floating movable structure and believe you may have, or want to know if you do have, a claim under either the Jones Act, the Longshore and Harbors’ Workers’ Compensation Act, or other area of maritime law, please call the accident-injury attorneys at Herbert & McClelland LLP at 800-741-0718. The initial consultation is free of charge. We will only charge you if we are able to help you receive compensation or benefits for your injury or illness. As explained, a lawsuit or claim must be filed before the applicable expiration date, so please call right away to ensure that you do not waive your right to possible compensation.
Longshore and Harbor Workers Compensation Attorneys | Longshore Injury Lawyers