Does a Longshoreman Need a Lawyer for a Workers’ Compensation Claim?

A longshoreman needs a lawyer for a workers’ compensation claim because laws around workers in this particular industry differ from the state laws that govern most workers’ compensation claims. 

Maritime workers operate under the Longshore and Harbor Workers’ Compensation Act (LHWCA), which provides specific protections and benefits beyond standard state workers’ compensation systems. When longshoremen sustain injuries, they must follow federal guidelines and meet strict reporting requirements to receive benefits. 

Longshore accident lawyers in Lafayette understand these federal maritime regulations and help injured workers submit accurate claims, meet deadlines, and obtain proper medical documentation. With legal support, workers can focus on recovery while their attorney manages the federal claims process.

Longshore Accident Lawyers Have Experience Filing Federal Workers’ Compensation Claims

Work injury claims involving longshoremen, harbor workers, or people who work offshore on the continental shelf are unique. Federal law allows you to file a federal workers’ compensation claim after such an injury, rather than a state claim.

These cases often prove to be legally complicated, which is why having an experienced attorney helps.

The Longshore and Harbor Workers’ Compensation Act

Our team assists injured longshoremen in filing a claim for benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This federal law protects maritime workers who load, unload, build, or repair vessels.

The longshore and offshore workers’ compensation system is a specialized federal process with specific steps that must be followed to collect benefits. It is designed to protect workers on the docks, loading and unloading cargo, as well as workers on the outer continental shelf.

This law covers workers on navigable waters of the United States or in adjoining areas like docks, terminals, and shipyards. To qualify for LHWCA benefits, workers must spend at least some time performing maritime duties.

Federal Workers’ Compensation vs. State Workers’ Compensation

LHWCA typically provides higher benefit rates and longer payment periods compared to state workers’ compensation. The federal program also allows workers to sue third parties responsible for their injuries while maintaining their compensation claim. State systems generally limit workers to benefits only through their employer’s insurance.

Potential Compensation Under the LHWCA

The Longshore and Harbor Workers’ Compensation Act provides several types of compensation for injured workers. The specific benefits available depend on the nature and severity of your injury, your average weekly wage, and your ability to return to work.

Medical Benefits

All reasonable and necessary medical treatment related to your work injury is covered, with no deductibles or copays. This includes:

• Emergency treatment and hospitalization
• Doctor visits and specialist care
• Prescribed medications
• Physical therapy and rehabilitation
• Medical equipment and devices
• Transportation to medical appointments
• Future medical care for chronic conditions

Disability Benefits

Compensation rates are calculated at 66 2/3% of your average weekly wage, up to a specified cap:

• Temporary Total Disability (TTD): These benefits are paid while you cannot work during your recovery period and continue until you reach maximum medical improvement. They may include compensation for missed overtime and second jobs.
• Temporary Partial Disability (TPD): This compensation applies when you can work with restrictions but earn less than before. Benefits cover the difference between your current and pre-injury earnings during transitional or light-duty work periods.
• Permanent Partial Disability (PPD): These benefits compensate you for lasting impairments through scheduled awards for specific body parts and may include additional payments for reduced earning capacity.
• Permanent Total Disability (PTD): When you are completely unable to return to work, these lifetime benefits include cost-of-living adjustments and continued medical coverage.

Additional Benefits

The LHWCA provides other forms of assistance beyond standard disability compensation and medical care. These benefits are designed to support both injured workers and their families during recovery and in cases of permanent disability or death.

• Vocational rehabilitation services: This program helps injured workers develop new job skills when they cannot return to their previous position. Services include vocational testing, counseling, and job placement assistance.
• Job retraining programs: When an injury prevents return to your former occupation, the LHWCA covers the cost of learning new skills or trades. This includes tuition, books, and necessary equipment for approved training programs.
• Career counseling: Professional counselors help injured workers explore suitable career alternatives and develop job search strategies. This service often works in conjunction with disability benefits to support the transition to new employment.
• Modified work equipment: The LHWCA covers the cost of workplace modifications and specialized equipment needed to accommodate permanent disabilities. This helps workers maintain employment while receiving partial disability compensation.
• Death benefits for surviving dependents: If a workplace injury results in death, surviving spouses receive a percentage of the deceased worker’s average weekly wage for life or until remarriage. Dependent children receive additional compensation until age 18 or completion of education.
• Funeral expense allowance: The LHWCA provides a separate allowance to cover reasonable funeral and burial expenses. This benefit is paid in addition to ongoing death benefits for dependents.

Third-party claims may provide additional compensation beyond LHWCA benefits when other parties share responsibility for your injury. These claims can include compensation for pain and suffering, which is not covered under the LHWCA.

An experienced attorney can identify all potential sources of compensation and help maximize your recovery.

Benefits of Hiring a Longshore Accident Attorney

A skilled longshore accident attorney provides guidance through the complex LHWCA claims process. Everything discussed with an attorney is confidential under the attorney-client privilege, even if you decide not to move forward with representation. This protection allows workers to speak freely about their case and explore all legal options without risk.

Early Case Evaluation and Protection

The initial stages of a longshore claim are the time to establish your rights and protect your interests. An attorney evaluates your situation comprehensively to identify all potential sources of compensation.

• Reviews the circumstances of your injury and workplace conditions
• Determines if third parties may share liability for your injuries
• Evaluates settlement offers from employers or insurers
• Prevents you from accepting inadequate settlements
• Document the injury’s impact on your ability to work
• Analyzes potential future medical needs and complications

Employers or claims adjusters may offer early settlements that seem attractive but could limit your future benefits. Having an attorney review these offers helps ensure you understand the long-term implications of any agreement.

Claims Management and Documentation

Proper documentation and timely filing are essential for a successful LHWCA claim. Your attorney handles all paperwork and ensures compliance with complex federal requirements.

• Files all required forms within strict deadlines
• Calculates accurate average weekly wages
• Gathers comprehensive medical evidence
• Coordinates with healthcare providers
• Manages insurance company communication
• Maintains complete claim documentation
• Tracks important filing deadlines

Missing deadlines or filing incorrect paperwork can seriously damage your claim. An experienced attorney prevents these issues while building a strong case file.

Legal Representation and Advocacy

When disputes arise or benefits are denied, your attorney becomes your advocate in all proceedings and negotiations.

• Represents you at administrative hearings
• Handles appeals of denied claims
• Challenges benefit terminations or reductions
• Negotiates with insurance companies
• Secures expert testimony
• Pursues third-party claims
• Prepares for formal hearings

Having skilled representation levels the playing field when dealing with employers and insurance companies that have their own legal teams.

LHWCA Coverage Eligibility and Qualifying Injuries

The LHWCA covers maritime workers who meet specific employment criteria. You likely qualify for benefits if you work on, near, or adjacent to navigable water, including piers, wharves, dry docks, terminals, or areas used for loading, unloading, repairing, or building vessels.

Coverage also extends to workers whose jobs significantly involve marine transport, such as truck drivers who move shipping containers from ships.

Covered Traumatic Injuries

Longshore accidents that qualify for benefits include:

• Back and spine injuries
• Head trauma and brain injuries
• Crush injuries
• Nerve damage

Occupational Diseases

Work-related illnesses covered under the Act:

• Pulmonary diseases
• Mesothelioma from asbestos exposure
• Chemical-induced asthma
• Skin diseases

For any injury or illness to qualify for benefits, you must demonstrate that it occurred during the course of maritime employment.

Workers Excluded from LHWCA Coverage

The LHWCA amendments clarify specific categories of workers who are not eligible for benefits, even if they work near navigable waters. These workers are typically covered by their state’s workers’ compensation system instead.

Administrative and Support Staff

Office and administrative employees who work exclusively in indoor environments, even at maritime facilities, are generally excluded from LHWCA coverage.

• Security personnel
• Office workers
• Data processing employees
• Clerical staff
• Secretarial workers

Recreational and Service Industry Workers

Employees at recreational and service facilities near navigable waters are typically covered by state workers’ compensation rather than the LHWCA.

• Marina employees not involved in construction
• Restaurant workers
• Museum staff
• Retail store employees
• Club and camp workers
• Recreational operation staff

Other Excluded Categories

Several other worker classifications are specifically excluded from LHWCA coverage by federal statute.

• Temporary workers at maritime facilities
• Aquaculture workers
• Federal government employees
• State government employees
• Foreign government employees

These exclusions help prevent overlap between different compensation systems and ensure workers are covered under the most appropriate program.

If you’re unsure about your coverage status, consulting with a maritime attorney can clarify whether you should pursue benefits through the LHWCA or your state’s workers’ compensation system.

Our Longshore Accident Lawyers Can File Your Workers’ Compensation Claim

Filing a longshore workers’ compensation claim involves strict deadlines, detailed documentation, and federal regulations that can overwhelm injured workers. Insurance companies often dispute these claims or try to minimize benefits.

At Galloway Jefcoat Injury Attorneys, we understand what injured maritime workers face and have recovered hundreds of millions for our clients. We help ensure your medical documentation is properly filed, benefits are correctly calculated, and your rights are protected throughout the claims process.

Our experience covers both LHWCA claims and additional compensation options for injured maritime workers. Don’t handle your claim alone – contact us today for a free consultation about your longshore injury case.