What Injuries Are Covered by the USL&H?

The U.S. Longshore and Harbor Workers’ Compensation Act has funded the recovery of countless ill and injured longshore and harbor workers in Louisiana.

You may know that it acts as a worker’s compensation plan for work-related injuries and illness, but what injuries are covered by the USL&H? Put simply, most of them.

Our firm has been part of the Louisiana community for years, providing support to injured maritime workers and their families. If a work injury has put you out, and you want to explore your options and protect the rights granted by the USL&H, you may benefit from speaking with our Louisiana maritime lawyer. 

We know it can be easy to feel overwhelmed and pressured to agree to terms to get things moving, and we are here to help make the process easier. 

Examining Maritime Injuries

Longshoremen and harbor workers face countless hazards and dangers in fulfilling their duties. Section 902 of the USL&H explains that the injuries covered by the act include accidental injury or death that occurs from or in the course of employment. This definition also includes injury caused by the willful act of a third party directed against an employee because of their employment.

Injuries in maritime workers are not uncommon due to the generally chaotic and hazardous environment. Consistent exposure to toxic materials and fumes, heavy machinery, and loud noises sets up the ideal environment for injury both in the moment and long term.

In shipyards alone, the Center for Maritime Safety and Health Studies identified these workers face some of the highest workplace risks compared to other fields. 

If your position qualifies you for benefits under the USL&H, the type of injury does not typically matter regarding coverage. As long as the injury occurs on the job, The USL&H means dockworkers have remedies under maritime law in most cases. However, if you were injured because of your own intoxication or with the intent to harm yourself or someone else, injuries may not be covered.

Occupational Diseases

When we think about workers’ compensation benefits, many of us think about an accident or injury that occurs at work. While this is undoubtedly a large portion of workers who benefit from the law, this scenario doesn’t cover all cases. According to the CDC, many cases served under the USL&H are for occupational diseases, including:

• Respiratory illness caused by gas, vapor, and smoke inhalation
• Illnesses from heavy metal exposure, like lead poisoning
• Some cancers have been detected at higher-than-normal levels in certain groups of maritime workers
• Hearing loss from prolonged exposure to loud noises

This list is not exhaustive, and your specific position or duties may make you vulnerable to injuries and illnesses different from others. Some people may receive a diagnosis of an occupational illness years later.

Even into retirement, with appropriate documentation, your occupational illness or injury may be covered by the USL&H. 

Workplace Injuries 

The dynamic environment of maritime workplaces makes for a large variety of injuries. With chronic issues and other illnesses mentioned above, we can discuss more of the accident-related physical injuries. Some of those more commonly seen include:

• Burns

• Back and spine injuries
• Head injuries 
• Traumatic Brain Injury
• Limb amputation
• Lacerations
• Drowning

Survivor Benefits

If you lose a loved one in a workplace accident, you may pursue legal action by working with a Louisiana wrongful death lawyer or recovering benefits for your loved one’s death through survivor benefits.

If the death is related to the job functions or while performing those duties, it is an injury covered by the USL&H. Immediate family members are often eligible for these benefits. 

Benefits for a widow or widower will be paid until the surviving spouse’s death or remarriage. Dependent children will receive benefits until they turn 18. Benefits may be extended until 23 if the dependent is a full–time student.

Barriers to Coverage

The general guidelines for injury coverage by the USL&H may seem straightforward, and in many ways, they are. However, a few considerations exist to avoid your employer’s denial of your claim. If you have questions or concerns, consulting with a Scott Vicknair attorney may help you understand how to protect yourself.   

Choosing a Provider

Medical benefits are often completely covered by the USL&H. The provider will generally bill the services straight to your employer or insurance provider, so you never have to pay for medical care yourself. However, this can be an issue if you do not work with a physician from a list of approved providers.  

Statute of Limitations

If you file a disability claim, you have two years from when you became aware of the relationship between employment and your injury, according to the Department of Labor.

However, there is no time limit for a claim for medical benefits. However, if you consider waiving the right to workers’ compensation in pursuit of a personal injury case, you may face important time limitations for injured maritime workers. 

Pursuing a Third-Party Torte Lawsuit

The USL&H protects workers’ ability to file a personal injury lawsuit against their employer if they feel employer negligence caused the injury or accident.

Should you succeed in a lawsuit or bring the case to trial, you are often no longer eligible to recover workers’ compensation benefits. Similarly, you often waive your rights to pursue a personal injury case when you accept payment through workers’ compensation. 

Call Scott Vicknair Injury Lawyers Today 

The legal process can be overwhelming on the best days, and while you’re recovering from a work injury, it is not typically the best of days. When you work with Scott Vicknair Injury Lawyers, you can focus on your health and be assured that our team is diligently fighting for your right to the benefits you deserve. Our firm takes a client-centered approach to our practice, making it our goal to recover fair and appropriate compensation. 

Our firm operates on a contingency fee basis, meaning you don’t owe us anything until we recover compensation. We offer free case consultations with no obligation to move forward. So, if you have concerns about your work injury case, call us today.