According to the Bureau of Labor Statistics, the International Longshore and Warehouse Union (ILWU) represents at least 70,000 workers in North America. Many of these longshore workers face serious hazards each day while transporting cargo, operating machinery, and lifting heavy crates. In a 2008 report entitled The Deadly Side of Longshore Work, the ILWU stated that the fatality rate among longshore workers was over 17 per 100,000 employees. This rate was higher than both firefighters and police officers in the United States. The rate of catastrophic, disabling injuries is also high among longshore workers. Victims and their families may struggle to pursue compensation after these longshore accidents, whether they need funds for funerals, medical expenses, or lost income. Why is it so difficult to pursue compensation after a longshore accident? Can an experienced workers’ compensation lawyer in Mississippi assist victims and their families during this process? Consider calling Lott Law at (228) 215-2787 to continue this discussion during a consultation.
What Is the Longshore and Harbor Workers’ Compensation Act?
The Longshore and Harbor Workers’ Compensation Act (LHWCA) was signed into law in 1927 to help workers not covered by either the Jones Act or state workers’ compensation programs. Prior to the passing of the LHWCA, there was a gap in workers’ comp coverage that made these workers vulnerable to financial pressures if they ever became injured. The Jones Act covers fishermen and other maritime workers on sea, and the state workers’ compensation covers employees on land. Prior to 1927, Longshore workers and dock workers found themselves in a gray area between these two programs, and this led the federal government to create the LHWCA.
Workers’ compensation and the LHWCA are very similar, and each program provides similar benefits to injured workers. In Mississippi, both programs compensate injured workers for 66.67% of their lost wages. Both systems also allow workers to file claims without establishing fault or negligence. In other words, longshoremen may be able to file LHWCA claims even if they contribute to their own injuries. However, there are a few subtle differences between workers’ compensation and the LHWCA – particularly in terms of benefits. To discuss these differences in more detail, consider a consultation with Lott Law.
What Is the Legal Definition of a Longshore Worker?
The LHWCA only covers specific types of employees. First, a longshore worker must be an “employee” and not an “independent contractor” to file a claim under the LHWCA. This rule is the same for both workers’ compensation and the LHWCA.
The Department of Labor states that the LHWCA covers “traditional maritime occupations.” Examples include shipbuilders, ship-breakers, and those engaged in the repair of maritime vessels. The LHWCA also covers all construction workers on harbors or docks. The Department of Labor specifies that if a worker wants to file a claim under the LHWCA, their injuries must have occurred American “navigable waters.” Remember, a dock or harbor technically sits on American waters, and not on official “American soil.” The Department of Labor goes on to provide examples of these workplaces, mentioning wharfs, terminals, piers, docks, and anywhere involved in the loading and unloading of maritime vessels. Covered workers not specifically mentioned by the Department of Labor include bridge builders, stevedores, and crane operators.
Common Reasons for Denied LHWCA Claims
Longshore workers may face denied claims for various reasons. A common issue is non-eligibility, and the Department of Labor lists various workers who are excluded from the LWHCA. These include all seamen, any employee of the U.S. government, and any employee of a foreign government. Only employees of private companies are eligible to file claims, and independent contractors are always excluded.
Denied claims often involve intentional accidents or intoxicated workers. If a worker was intoxicated at the time of the accident, they may face a denied claim – but only if their intoxication was the sole reason for their injuries. If the alleged intoxication merely contributed to the accident, the worker should still be able to successfully file a claim. Intentional injuries might involve fights or horseplay, and claims may be denied after these incidents.
What Should I Do If My Longshore Claim Was Denied?
A denied LHWCA claim in Mississippi is a common challenge for injured longshore workers. However, it is not an insurmountable challenge. Workers may work with experienced lawyers who have experience with LHWCA claims, and it may be possible to appeal a denied claim. With the right strategy, workers can push back against the stated reasons for their denied claims. If necessary, it is possible to continue appealing denied LHWCA claims to higher courts.
Workers May Be Able to Pursue Other Types of Compensation
Even if an LHWCA claim fails, longshore workers may pursue compensation from other sources. If the claim was denied based on ineligibility, workers may be eligible to file claims under workers’ compensation or the Jones Act. Speak with an experienced attorney to determine which program is most suitable for each specific workplace injury.
If all of these programs are unsuitable, it may be possible to file a personal injury lawsuit instead. Although employees are only allowed to sue their employers under very specific circumstances, this may be possible after certain longshore accidents. A personal injury lawsuit has the potential to provide additional compensation for non-economic damages, such as depression, disfigurement, and loss of enjoyment of life.
Longshore Workers Can Contact Lott Law For Further Guidance
The pursuit of compensation after a longshore accident may seem challenging at first, but victims and their families need not face this undertaking alone. Longshore workers in Mississippi are often entitled to compensation after accidents – just like firefighters, plumbers, truckers, and any other American employee. Whether a longshore accident has resulted in a death, debilitating injury, or sprain, victims are entitled to fight for their rights under the LHWCA. An experienced workers’ compensation lawyer in Mississippi can pursue compensation on behalf of a worker while they recover from their injuries. Choose a law firm that has experience with longshore accidents, such as Lott Law. Consider calling (228) 215-2787 to learn more about compensation options for longshore workers.