The Longshore and Harbor Workers’Compensation Act (LHWCA) is really a Federal law requiring maritime employers to provide workers’compensation insurance that covers their staff’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 that are injured while at work in maritime industries that require utilization 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. To ensure that a work-injury to qualify for coverage underneath the LHWCA the injury should have happened at a protected job, you have to be considered a protected employee, and the employer must be the kind of maritime employer covered by the Act.
As well as Longshore benefits, maybe you are eligible to compensation from a 3rd party for your injuries. Only an experienced Longshore lawyer will know who you are able to sue and everything you can recover. Los Angeles longshore lawyer You should certainly talk to a lawyer when you accept any kind of settlement from your own maritime employer or any other source.
What jobs are covered by the Longshore and Harbor Workers Compensation Act? Employment upon the navigable waters of the United States and/or an adjoining pier, wharf, dry dock, marine railway or other adjoining area usually utilized 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 utilized on, near or higher 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.
Just 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 for instance 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 a number of the workers that are covered, other workers whose job functions require a number of the previously listed tasks might manage to seek compensation underneath the Act.
A longshore attorney may be of tremendous assist in cases which don’t seem to fit into the LHWCA structure. Also, if you feel that you’ve been awarded inadequate in damages and insurance, you are able to seek assistance from an attorney to figure out how you are able to appeal the decision. An experienced longshore attorney will allow you to file your claim underneath the Act’s provisions, and allow you to show why you deserve to be compensated underneath the act. If you or someone you realize was injured at work in the shipping industry, you ought to contact experienced longshore injury lawyers for more information.