When an employee suffers injuries from an accident while working, workers’ compensation insurance typically covers medical care. However, maritime workers are covered differently. They will qualify for coverage either under the Jones Act if a seaman or under the Longshore and Harbor Workers’ Compensation Act (LHWCA). If you are a maritime worker with injuries from a work-related accident, consider contacting a skilled workers’ compensation attorney with Lott Law by calling (228) 215-2787 to learn more about your legal rights.
What Is the Longshore and Harbor Workers’ Compensation Act (LHWCA)?
The Jones Act gives seamen a way to seek compensation for the costs related to workplace injuries through a lawsuit filed against the employer. The 1927 Longshore and Harbor Workers’ Compensation Act (LHWCA), according to Benefits.gov, provides compensation for medical benefits, rehabilitation services, lost wages, and more to other maritime workers who are injured or become ill while working. These are workers who are not defined as seamen but work on or around navigable waters of the United States, including longshoremen, harbor workers, marine technicians, shipbuilders, etc.
The LHWCA offers a type of coverage similar to the workers’ compensation insurance that applies to most other workers in the United States. The purpose of the LHWCA is to ensure that workers injured in job-related accidents will be able to receive medical treatment, compensation for lost wages, and other benefits to help them recover from their injuries and support themselves and their families in the interim.
Common Types of Injuries Covered by the LHWCA
The LHWCA covers various types of injuries that workers may experience while working on or around navigable waters. Longshoremen and other dock workers may be victims of many different types of accidents while working. These can include:
- Slips or trips
- Falls from heights or scaffolding
- Drowning or near-drowning
- Machinery or vehicle accidents
- Crane and forklift accidents
- Equipment malfunction or failure
- Electrocutions
- Fires and explosions
- Material-handling accidents
Common Injuries covered by the LHWCA
Many different types of workplace injuries can occur as a result of any of the above-listed accidents. The most common injuries that these workers may suffer, which the LHWCA covers, include:
- Traumatic brain injuries
- Back and neck injuries
- Fractures
- Spinal cord injuries
- Eye injuries
- Sprains, strains, or cuts
- Burns from fires or electrocution
- Amputation
Occupational Diseases
The LHWCA covers both physical injuries and occupational diseases that result from a person’s job. According to the United States Department of Labor, occupational diseases include illnesses or medical conditions that can develop from a worker’s exposure to harmful conditions or substances in the workplace. Occupational diseases include such conditions as pulmonary diseases, including asbestosis and mesothelioma (caused by exposure to asbestos); auto-immune diseases; skin diseases; or asthma (caused by exposure to chemicals or other industrial elements). Repetitive stress injuries, such as hearing loss and carpal tunnel syndrome, are also defined as occupational diseases. An injured worker has two years from the time the worker or the worker’s doctor makes the connection between the disease or condition and the job to file a claim.
Important Steps To Take if You Are Injured
If you were injured while working on or around navigable waters and believe the LHWCA should cover your injury, take the following steps:
- Report the injury to the employer or a supervisor as soon as possible after the incident.
- Provide details about what happened and any available documentation regarding the injury
- Seek immediate medical attention after the accident. A person’s ability to recover quickly may be hindered by any delay in treatment. Prompt treatment also prevents speculation that the injury occurred after the accident on the employee’s own time, as that possibility can prevent workers from receiving compensation for their injuries
- Keep records of all medical treatments and other costs related to the injury. This information will be important when filing a claim for compensation
- Consult with an experienced maritime attorney who can offer guidance through the claims process
Benefits Available Under the LHWCA
The LHWCA provides various benefits to eligible workers who suffered injuries or illness while working on or around navigable waters. A knowledgeable maritime attorney with Lott Law may be able to help determine which benefits you could qualify for under the LHWCA. Some of the benefits available under the LHWCA include:
- Medical benefits: The LHWCA covers the cost of necessary medical treatment related to the work-related injury or illness
- Disability benefits: If the injury or illness causes temporary or permanent disability, the LHWCA provides compensation to replace a portion of the worker’s lost wages
- Vocational rehabilitation: The LHWCA may provide assistance for vocational rehabilitation services to help injured workers return to suitable employment
- Death benefits: If a workplace accident causes an employee fatality, the LHWCA provides death benefits to the surviving spouse, dependents, or other family members as appropriate. The death benefits also include a payment for funeral expenses
Key Considerations for Filing a Claim
Filing a claim under the LHWCA can be complex. To help improve an injured worker’s chances of receiving compensation for the costs related to his or her injury or illness, there are several key considerations, including:
- Statute of limitations: The statute of limitations is the time, generally one year with certain exceptions, during which an injured worker must file a claim under the LHWCA. If the worker does not file within the appropriate time period, he or she will lose the right to compensation
- Employer’s insurance coverage: Maritime employers must have insurance coverage under the LHWCA. Ensure that the employer has the necessary coverage to provide compensation as required
- Independent medical examination: The insurance company may require the injured worker to undergo an independent medical examination (IME) to assess the injury or condition. Cooperating with the IME process is important.
- Appeals process: If the LHWCA denies the claim or the worker disagrees with the amount of compensation awarded, the worker has the right to appeal the decision.
Contact a Skilled Personal Injury Attorney Today
When a workplace accident causes injuries or when an employee develops a condition or illness from prolonged activity or exposure, the recovery process can be difficult. Even more difficult can be the numerous costs involved, including medical expenses and lost wages. Working with an experienced maritime attorney can greatly help with navigating the process of filing a claim with the LHWCA for compensation. If you or a loved one has injuries from a maritime accident, consider contacting a compassionate Mississippi personal injury lawyer at Lott Law by calling (228) 215-2787 to schedule a consultation today.