When someone gets hurt at work, workers’ compensation insurance typically covers their injuries, but workers’ compensation excludes people who work on the water. The Jones Act covers people who work at sea, and people who work on the shore are covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 901 et al.
The LHWCA covers injuries that occur to people whose job is to unload, load, repair, or build vessels on waterfronts or in navigable waters. Although this coverage can be more generous than typical workers’ compensation, guidance from an experienced maritime injury attorney could be essential to getting the benefits you are due. A Cut Off Longshore and Harbor Workers’ Compensation Act lawyer could help you through the complex process.
LHWCA Benefits
Coverage under the LHWCA is more extensive than coverage under workers’ compensation insurance. For example, workers’ compensation claim benefits last for a maximum of 10 years, with a few exceptions, but LHWCA benefits can last a lifetime, which can make a massive difference for injured workers.
Injured workers are entitled to coverage for all medical care, supplies, and services, and they also get money for traveling to treatment. Injured workers can choose their doctors, though the LHWCA limits who can obtain chiropractic care, and the only requirement is the Department of Labor must authorize the physician to issue care under the LHWCA.
When a worker becomes totally disabled because of a work-related injury, they get compensated every two weeks. For permanent and temporary total disability, compensation is two-thirds of the worker’s average weekly wage, but a maximum rate can lower that amount.
Partial disabilities result in smaller payments, and the payment amount depends on the type and extent of the disability. For temporary partial disabilities, the payments may focus on the loss of wage-earning capacity.
Workers might also be entitled to vocational rehabilitation. The deciding factor is whether is whether they are unable to return to their former job. They can get a maintenance allowance, tuition, books, and related supplies, but not every person will qualify for rehabilitation payments. The LHWCA contains a schedule of payment amounts for specific injuries, which a Cut Off LHWCA attorney could evaluate to help estimate a fair settlement amount.
LHWCA Coverage
People who are engaged in maritime work or occupations must meet the standards of a two-part test to see whether they qualify as longshore or harbor workers.
The situs test refers to the location of a person’s job. The person must be employed in whole or in part on the navigable waters in the United States, which include buildings that adjoin the water, such as wharves, dry docks, docks, piers, and terminals. An area customarily used for loading, unloading, building, or repairing a vessel probably meets the situs test, and the injury does not have to occur at this location. When the person’s job is in part on the navigable waters, then the LHWCA should apply.
The second test is the status test. The employee must be engaged in maritime employment and perform an activity such as people loading, unloading, repairing, or building that is integral to the function of a ship. Some harbor workers might be excluded from the LHWCA, including clerical workers, people who work at stores or restaurants on the harbor, outside vendors, and crew members of any vessel, but either workers’ compensation laws or the Jones Act should cover them.
Someone must meet the situs test and the status test to qualify under the Longshore and Harbor Workers’ Compensation Act. A Cut Off lawyer could help determine what aspects of an injured person’s job fit a specific situation.
Speak to a LHWCA Attorney in Cut Off
When you are a harbor worker with a workplace injury, you need counsel from Cut Off Longshore and Harbor Workers’ Compensation Act lawyer who could explain your potential rights and remedies. They also have the knowledge and experience necessary to help you avoid typical challenges to these claims. Contact us today and schedule your free consultation. You will not have to pay anything unless we win your case.
