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If you work on or near water or on a fixed platform over navigable waters and are injured, you may have a claim against your employer under a Federal Workers compensation statue known as The Longshore and Harbor Workers Compensation Act. This special worker’s compensation act for maritime workers often provides greater benefits than Louisiana Workers’ Compensation laws. For example, an injured worker under the Longshore Act is entitled to lifetime medical care.
Longshore FAQs:
- What is the Longshore and Harbor Workers’ Compensation Act (LHWCA)?
- Am I a Longshoreman?
- What is the difference between Longshore and Workers’ Compensation?
- What type of Longshore benefits can I receive?
- If I am injured on the job, what is the first thing I should do?
- How much will it cost me to hire a lawyer?
- Why should I hire a lawyer to handle my Longshore claim?
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What is the Longshore and Harbor Workers’ Compensation Act (LHWCA)?
The LHWCA is a federal workers’ compensation statute that gives a remedy to injured workers engaged in “maritime employment.” Longshore claims are handled by administrative process through the U.S. Department of Labor.
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Am I eligible for Longshore benefits?
You should be eligible for Longshore benefits:
- If you load, unload, repair, build or disassemble vessels.
- If your job assignment requires you to work in or on navigable waters.
- If you work on the waterfront engaged in activities to support a shipping operation.
Injured workers who qualify for Longshore benefits will receive these benefits regardless of employer fault. |
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What is the difference between Longshore and Workers’ Compensation?
Workers engaged in maritime employment enjoy a special status under the federal Longshore Act, whereas most other employees are covered by state Workers’ Compensation statutes. The U.S. Congress enacted the Longshore Act in reaction to decisions by the U.S. Supreme Court that denied state Workers’ Compensation benefits to longshoremen who were injured or killed while working on navigable waters. Today, any employee who qualifies as a longshoreman, regardless of whether they are injured while on navigable waters, is entitled to Longshore benefits. |
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What type of Longshore benefits can I receive?
Longshore benefits are fixed according to a schedule. Benefits include:
- Temporary Disability payments
- Lifetime medical treatment to cure and relieve the effects of the injury
- Permanent Disability payments
- Mileage reimbursement
- Job Retraining / Rehabilitation Services
- Death Benefits
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If I am injured on the job, what is the first thing I should do?
Report your accident or injury to your employer as soon as possible and get a copy of the accident report for your records. |
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How much will it cost me to hire a lawyer?
You pay nothing if you do not receive a settlement or award.
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Why should I hire a lawyer to handle my Longshore claim?
An experienced lawyer is more likely to get you all of the benefits you deserve. You may expect your employer and its insurance company to take care of you, but often times there is an issue or some disagreement that the insurance company or the employer has decided is important and, therefore, benefits are not being paid or given. A lawyer will make sure that your interests are aggressively represented through the administrative process, that your losses are fully compensated and will negotiate settlement of your claim should you decide to settle for a lump sum payment. A lawyer will also be able to tell you if you have any civil claim arising from willful employer action. |
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DISCLAIMER:This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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