The federal government requires all maritime employers to provide benefits to workers when they are injured on the job, so a portion of your wages, your medical care, and certain expenses will be paid while you recover from an on-the-job accident. Because maritime injuries are often catastrophic, you may also be eligible for permanent disability benefits, which a seasoned maritime injury attorney could help you obtain.
Because of the diversity found in maritime jobs, injuries can result from activities such as unloading cargo, explosions, fires, and forklift accidents. When you are a maritime employee injured in an accident, a Louisiana Longshore and Harbor Workers’ Compensation Act lawyer could get you compensated while you concentrate on healing.
The Longshore and Harbor Workers’ Compensation Act
Longshore and Harbor Workers’ Compensation Act (LHWCA) 33 U.S.C. §§ 901–950, helps maritime workers injured on docks, in navigable U.S. waterways and on the Outer Continental Shelf. Employers generally purchase insurance from qualified private companies to cover employees under the LHWCA when they are not covered by the Jones Act.
Injured workers are entitled to two-thirds of their average wage, figured on a weekly basis, while they are receiving medical care. Depending on how badly and permanent their injury is, benefits can continue in the form of wage replacement or an award tied to specific injuries discussed in 33 U.S.C. § 908(c).
Two-Pronged Test to Qualify for LHWCA Coverage
The LHWCA is overseen by the Office of Workers’ Compensation Programs under the U.S. Department of Labor. A two-prong test applies to qualify for LHWCA coverage, which the department terms “status” and “situs.”
People who work on land, like truck drivers transporting cargo, may be covered under the LHWCA through status when their duties relate to the water or further the goals of the maritime industry, which includes marine transport personnel, shipbuilders and repair persons for vessels that are not used for recreation, longshoremen, and harbor workers who load and unload vessels. LHWCA coverage was expanded under the Defense Base Act to include civilian military base workers.
The second prong of the test is situs, which means location. Benefits are available when part of a worker’s day is spent on, near, or next to navigable waters. This includes wharves, piers, and shipyards. Employees who are unsure whether they qualify for benefits or are injured and need help navigating the system, could receive guidance from Louisiana Longshore and Harbor Workers’ Compensation Act attorney.
Types of Disability Benefits under the LHWCA
Disability benefits under the LHWCA are broken into four categories.
Temporary total disability means a person cannot work after their injury, but their condition will improve and allowing them to return eventually to their pre-injury employment.
Temporary partial disability means the injured person can work at light duty while their injuries heal.
A person with permanent total disability will not be able to return to their job or a similar one and their injuries will impair them for life, such as loss of limbs or paralysis.
Permanent partial disability means the person will be partially impaired for life but can return to some form of work and request vocational rehabilitation as a benefit of the LHWCA.
Dealing with any government program can be confusing for workers who were recently hurt in a workplace accident, notified their employer, received medical care, and need to know what to do next. A Louisiana Longshore and Harbor Workers’ Compensation Act attorney has answers and possible solutions to getting compensation.
Call a Longshore and Harbor Workers’ Compensation Act Lawyer in Louisiana Who is on Your Side
Your job as a maritime worker is fulfilling and lucrative but comes with the threat of danger from workplace accidents that can be catastrophic.
Our lawyers specialize in getting you the benefits you are entitled to after a maritime workplace accident. We ensure you qualify, gather the evidence you need to win your claim, and meet notice and filing deadlines so you don’t have to worry. Contact a Louisiana Longshore and Harbor Workers’ Compensation Act Lawyer to discuss your claim today.
