Our hardworking maritime injury attorneys frequently work on cases involving the Longshore and Harbor Workers’ Compensation Act (LHWCA). This is a federal law that affords workers’ compensation benefits to employees injured over navigable waters or areas used for maritime activity. The Act was enacted in 1927 to protect maritime employees who could not receive benefits under traditional workers’ compensation programs.
Our Missouri City Longshore Harbor and Workers’ Compensation Act lawyers could zealously represent and help you receive compensation for an injury. Reach out to us today for more information.
It is imperative to understand who is protected under the LHWCA. It covers a broad category of workers, including:
To be covered under this law, a plaintiff must have been engaged in maritime employment, such as work on navigable waters, loading, unloading, building, or repairing vessels. Seamen are usually not protected by the LHWCA because they have coverage under the Jones Act, which provides separate protections. A Missouri City attorney could determine whether a client is covered under the LHWCA.
Maritime workers are at risk of various injuries due to the hazardous nature of their jobs, involving machinery, vessels, and heavy equipment. Common harm sustained by dockers and shipyard workers include:
Accidents can result in temporary or permanent disabilities that lead to major medical expenses and wage loss. A skilled LHWCA lawyer in Missouri City could help their client obtain compensation to cover these costs.
When someone has a workplace injury or occupational illness, the first step is to notify their employer. Written notice is required within 30 days, although many employers require a more immediate notification. The notice must include the injury sustained and describe when, where, and how it occurred.
Those protected under the LHWCA are entitled to compensation for temporary total, temporary partial, permanent total, or permanent partial disability. They may also be compensated for medical care, vocational rehabilitation, and disability benefits. In addition, surviving spouses and children can collect damages in wrongful death cases.
Since the LHWCA is a no-fault system, workers do not have to prove that their employer was negligent to receive benefits. The downside of not needing to show liability is that the amounts are predetermined, and the damages do not cover pain and suffering. An LHWCA lawyer in Missouri City could provide more details on the types of compensation the worker is eligible for.
Maritime injury cases can be legally complex. The details of when and where you were hurt can significantly impact whether federal benefits coverage applies.
Having a dedicated Missouri City Longshore Harbor and Workers’ Compensation Act lawyer advocate for your rights could give you the best chance of receiving compensation for your injury. Do not wait – call today to schedule your initial consultation with one of our personal injury lawyers.
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