Longshore and Harbor Workers’ Compensation Act

Ships are built for the ocean , but they need to come to shore eventually to accomplish their purpose. While on shore, cargo handlers and crane operators unload the ships, longshoremen load it copy , and welders and other ship repair workers address any maintenance issue the ship may need .

Jobs stumped and on the shore are dangerous. Longshore and harbor workers face the potential for serious injury a day . As a result, Congress has passed the Longshore and Harbor Workers Compensation Act (LHWCA) to assist those workers still pay bills and keep food on their tables within the event of an injury. The Act also helps maritime workers cover their medical expenses and other damages after a debilitating accident.

New Orleans Maritime Employees Covered by LHWCA

The Longshore and Harbor Workers’ Compensation Act covers employees in maritime fields who aren’t the members of the crew of a vessel, a state or federal employee, or an employee of a far off government. this is often a broad field of potential plaintiffs in New Orleans and other maritime economies and includes:

Longshoremen
Dock Workers
Crane Operators
Stevedores
Cargo Handlers
Ship Repair Workers
Welders
Shipbuilder
Shipbreaker

The LHWCA covers these sorts of workers if they were injured upon navigable waters of the us subject to 33 U.S.C. § 905(a). as an example , if a welder is injured while working within the Port of latest Orleans, he would be eligible for benefits under the Act. The Act doesn’t generally cover “seamen” who are injured while at harbor. Those employees can seek to recover under a special law.

Injuries Covered Under Longshore and Harbor Workers Act

There are a good sort of injuries which will occur while performing at a harbor or dock. a number of these injuries may include:

Shoulder injuries from improper lifting procedures;
Back injuries from an error and fall;
Broken bones from falling or improperly stowed cargo;
Head injuries from crane accidents;
Amputated fingers from accidents with machinery;
Chemical burns; or
Burns from explosions.

If an error is formed by the worker or the worker wasn’t following proper procedures, he or she should get over the employer pursuant to the Longshore and Harbor Workers Compensation Act.

Compensation for Injured New Orleans Dock Workers

When a harbor worker or other employee covered by the Longshore and Harbor Workers Compensation Act is injured , he or she is eligible for benefits. Benefits under the LHWCA work similarly to workers’ compensation or maintenance and cure. The employer, or, in most cases, the employer’s insurance firm , is required to buy all reasonable medical expenses associated with the injury.

Injured harbor workers also are eligible to receive two-thirds of their annual weekly pay hebdomadally until the consequences of the injury get away . 33 U.S.C. § 908(c)(21). A surviving spouse may receive half the typical wages of the deceased, and surviving children may receive up to 16 2/3rd percent of the typical wages of the deceased.

Employers may plan to deny claims, or fail to pay them. When an employer wrongfully denies or delays payments, certain penalties may apply. as an example , if the payment is quite 10 days late, an additional 20 percent could also be added. 33 U.S.C. §914(g). it’s illegal for an employer to terminate or otherwise retaliate against an employee for filing a legitimate Longshore and Harbor Workers Compensation Act claim. Your Seattle maritime injury lawyer can assist you discover what civil avenues are available to you under this act et al. .

Longshore and Dock Worker Lawyer

If you are a land-based maritime employee who was injured on the job, you may be eligible for benefits under the Longshore and Harbor Workers Compensation Act. Maritime Lawyers New Orleans Can Help You,Fill Out Contact Form Today for Free Consultation