Following an injury to a longshoreman, the longshoreman’s employer or its insurance carrier must pay benefits. Those benefits may include:
- Compensation Benefits
- Medical Benefits
- Reimbursement for Medical Mileage
- Vocational Retraining and Maintenance
- Attorney’s Fees
In the terrible event that the longshoreman dies as a result of a work-related injury, then his loved ones may be entitled to receive:
- Death Benefits
- Funeral Benefits
What Compensation Benefits Are Available?
The Longshore and Harbor Workers’ Compensation Act provides four classes of compensation benefits. Depending on the medical status of the longshoreman’s disability, and the longshoreman’s ability to earn wages equal to their pre-injury work, the longshoreman may be entitled to:
- Temporary total disability – these are the benefits paid when a longshoreman’s medical condition is still healing, and the longshoreman cannot work.
- Temporary partial disability – these are the benefits paid when a longshoreman’s medical condition is still healing, but the longshoreman can work.
- Permanent total disability – these are the benefits paid when a longshoreman’s medical condition has reached maximum medical improvement, but the longshoreman cannot work because of the seriousness of their injuries.
- Permanent partial disability – these are the benefits paid when a longshoreman’s medical condition has reached maximum medical improvement and the longshoreman can work.
The classification of benefits is an important aspect of all workers’ compensation claims. If the longshoreman’s benefits are classified inappropriately, the longshoreman may lose money to which they are entitled. Contact an attorney to make sure that benefits are classified and paid in accordance with the law.
Can You Get Medical Benefits and Medical Mileage?
Pursuant to the Longshoreman and Harbor Workers’ Compensation Act, a longshoreman’s employer or insurance carrier must pay the reasonable and necessary medical expenses associated with a work-related injury. Medical expenses can include:
- Doctor Visits
- Hospital Visits
- Prescription and Over-the-Counter Medication
- Home Health Care
- Medical Apparatus
- Reimbursement for Transportation Costs
In addition to reasonable and necessary medical care, an injured longshore worker is entitled to a free choice of physicians.
Your medical condition is the most important aspect of your workers’ compensation claim. Hire an attorney to make sure that the appropriate medical benefits are being paid.
Can Family Members Claim Death Benefits?
If a longshoreman is killed in the line of duty, his loved ones may be entitled to benefits. However, there are different classes of benefits that may affect the amount paid to a family member or dependent and whether they qualify for benefits.
An attorney can help determine whether a particular family member is entitled to benefits.
Will You Have to Pay Attorney Fees?
In Longshore and Harbor Workers’ Compensation Act claims, there is no reason not to hire an attorney. Laws are in place to make your employer or its insurance carrier pay your attorney’s fees for you. Why do these laws exist? Because Congress wanted to make sure that longshore employees had the ability to challenge employers and insurance carriers that disagree about the benefits owed as a result of the injury. Accordingly, nothing should prohibit a longshore employee or family member from requesting the help of an attorney like Jon Robinson at Strongpoint Law. He will do everything in his power to shift your attorney fees onto the employer and carrier.
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.