What is the Longshore & Harbor Workers’ Compensation Act (LHWCA )
When a worker is injured on the job, they want to know that their employer has workers’ compensation insurance in place as a safety net. Longshore and harbor workers are not eligible for workers’ compensation benefits as other workers in other industries. However, the Longshore and Harbor Workers’ Compensation Act (LHWCA) can help resolve those issues for many seamen. If you require legal assistance to apply for benefits under the Longshore and Harbor Workers’ Compensation Act, you should consult with an experienced LHWCA lawyer as soon as possible.
At Rivkind Margulies & Rivkind, P.A., we welcome the opportunity to represent an injured longshore or harbor worker in their case to gain workers’ compensation benefits. We understand that a serious work injury can change a person’s life, and we are here to stand with you. To schedule a free legal consultation to discuss your compensation benefits, contact Rivkind Margulies & Rivkind, P.A., at (866) 386-1762. You may also contact the firm online to schedule your appointment.
How Does the Longshore and Harbor Workers’ Compensation Act Work?
Ordinarily, employees of a private company would be provided with workers’ compensation coverage when they are injured. However, longshore and harbor workers are typically not covered under workers’ compensation laws. Fortunately, the Longshore and Harbor Workers’ Compensation Act states that private companies that operate in the longshore, harbor, or similar maritime industries on the “navigable waters of the United States” must provide their employees with workers’ compensation coverage.
Specifically, the LHWCA applies to employees who work, full- or part-time on a boat in the navigable waters of the United States or employees in the following workplaces:
- Piers, wharves, and dry docks
- Terminals, building ways, and marine railways
- Other workplaces used to load/unload, repair, or build ships
It is important to note that while longshore and harbor workers are covered under the LHWCA, other workers in this industry may be excluded. An experienced attorney can help you determine whether you can pursue LHWCA benefits.
To learn more about the benefits offered by the LHWCA, you should continue reading and work with an experienced Longshore and Harbor Workers’ Compensation Act lawyer today.
Benefits Provided by the Longshore and Harbor Workers’ Compensation Act
The LHWCA provides a number of benefits to longshore and harbor workers’ that are injured on the job. You should not delay in applying for LHWCA benefits as it could negatively impact your claim. Our firm is here to help you get started on your application for benefits. The following are benefits offered by the LHWCA that our firm can help you apply for.
LHWCA Medical Benefits
The LHWCA provides medical benefits that helps injured longshore and harbor workers pay for medical treatments that are the result of a workplace injury. It is important to note that the injury sustained by the longshore or harbor worker must be work-related. A worker cannot claim benefits for an injury that occurred while they were not working or while they were commuting to or from work.
If LHWCA medical benefits are secured, a worker will not have to pay deductibles, copayments, or other expenses related to the injury. Additionally, the following expenses are also covered:
- Medical equipment
- Prescriptions
- Expenses for traveling to appointments
- Ability to choose your own physician
LHWCA Disability Benefits
Injured longshore and harbor workers are also provided with disability benefits that will help cover lost wages due to a workplace injury. The benefits provided to the injured worker will be determined by how much the worker was paid prior to their injury and also the standards set by the National Average Weekly Wage (NAWW) set every year by the Department of Labor (DOL).
Depending on the severity of the worker’s injuries, they could be provided with total disability benefits or partial disability benefits. Total disability benefits are typically reserved for workers that cannot continue to earn their previous wages because they sustained a grievous injury like the loss of a limb or multiple limbs. Under these circumstances, the injured worker will receive two-thirds of their covered wage at the time of the injury. These wages will be paid until the worker is no longer disabled or until the worker dies.
Partial disability benefits are awarded when an injured worker can return to work in a limited capacity or at a wage less than their previous wage. An injured worker that is awarded LHWCA benefits can be awarded two-thirds of the difference between the worker’s pre-injury wage and the amount they can earn with their current disability.
The LHWCA also offers:
- Vocational rehabilitation
- Survivors benefits
- Disability benefits after retirement
It is important to note that an employer may attempt to challenge your claim for benefits for any number of reasons. For example, if an employer believes that your injury was not work-related, they may try to withhold benefits. Our legal team is here to help you fight back against an employer that is trying to keep you from receiving workers’ compensation benefits.
Work with Our Experienced Longshore and Harbor Workers’ Compensation Act Attorneys Today
If you or a family member was injured while working as a longshore or harbor worker, you should contact an experienced LHWCA attorney as soon as possible. The legal team at Rivkind Margulies & Rivkind, P.A., possesses extensive experience handling workers’ compensation cases, and we are here to fight for you. To schedule a free legal consultation to discuss your case, contact the maritime injury lawyers at Rivkind Margulies & Rivkind, P.A., at (866) 386-1762. You may also contact the firm online.
