Longshore and harbor workers who suffer an injury while loading, unloading, repairing, or building a vessel, may be entitled to compensation and medical benefits. The Longshore and Harbor Workers’ Compensation Act is a federal workers’ compensation statute designed to provide coverage to injured longshoremen, stevedores, shipbuilders, and more. Typically, these injuries occur at:
- Docks
- Dry Docks
- Marine Railway
- Piers
- Ports
- Shipyards
- Terminals
- Wharves
Longshore injuries can also occur at “other adjoining areas,” which are areas that are customarily used for the loading, unloading, repair, breaking or building of a vessel, provided that the “other adjoining area” has a very close proximity to a navigable waterway.
What Are Representative Injuries for Longshore Claims?
Longshore employees perform hard, dangerous work which can lead to significant injuries. Representative Longshore and Harbor Workers’ Compensation Act injuries include:
- Amputations
- Arm Injuries
- Asbestosis
- Asthma
- Back Injuries
- Breathing Problems
- Broken Bones
- Burns
- Cancer
- Carpal Tunnel Syndrome
- Chemical Exposures
- Chest Pains
- COPD
- Depression
- Dermatitis
- Electrocution
- Eye or Vision Problems
- Head Injuries
- Hearing Problems
- Heart Attack
- Hip Injuries
- Lead Poisoning
- Lumbar Stenosis
- Neck Injuries
- PTSD
- Psychological Injuries
- Radiculopathy
- Shoulder Injuries
- Silicosis
- Spinal Cord Injuries
- Stress
- Suicide
- Traumatic Brain Injuries
- Whiplash
- What About Prior Injuries?
You may still be entitled to medical and compensation benefits following a work injury even if you have a prior injury. Employers are liable for both injuries that occur at work and aggravations to prior injuries.
What Benefits Are Available for Injured Longshore Workers?
If a longshore or harbor worker is injured in the course and scope of their duty, then they may be entitled to compensation benefits and medical benefits.
At the outset of a claim, compensation benefits typically equal two-thirds of the injured worker’s average weekly wage, up to a maximum cap limit established by Congress. After the injured worker reaches maximum medical improvement, the worker may be entitled to additional compensation for a loss of wage earning capacity or an impairment rating to a scheduled body part.
Medical benefits must be paid by the injured worker’s employer or its insurance carrier. As long as the treatment provided for the work injury is medically reasonable and necessary, the employer and carrier must pay. Also, the employer and carrier must provide the injured worker their choice of physicians so that the worker can receive treatment from a trusted source instead of the employer’s and carrier’s hired physician.
How Do You File a Longshore Claim?
If you or your loved one suffered a Longshore and Harbor Workers’ Compensation Act injury, then immediately contact Jon Robinson at Strongpoint Law Firm for a free and confidential consultation.
Jon can be reached at (985) 246-3194, or you can fill out the contact form and let Jon contact you for a free case evaluation.
