Longshore workers are an essential part of the Mississippi economy. According to the Mississippi Department of Transportation, the state of Mississippi connects many national and international waterways with its sixteen ports, including the Port of Pascagoula. Longshoremen may include workers who load and unload ships, but also other professions that operate on the water.
However, due to the physical nature of many longshore jobs, there is often a risk of significant injury for longshoremen. To mitigate this risk and provide protection and compensation for these workers, the federal government has instituted programs to compensate for longshore injuries. Therefore, understanding how to file a successful longshore claim can mean the difference between peace of mind and financial security and additional financial stress.
Longshoremen attempting to file a longshore claim for compensation may benefit from the assistance of a skilled attorney. A Mississippi workers’ compensation lawyer from Lott Law may be able to provide insight into a longshore claim. Consider scheduling an appointment today by calling the office at (228) 215-2787.
Compensation for Longshore Worker Injuries
Longshore or harbor workers in Mississippi are generally entitled to compensation similar to standard workers’ compensation. This generally includes wage replacement up to two-thirds of the employee’s average weekly wage, as well as compensation for medical bills and injury-related expenses. This may also include permanent disability benefits if the individual is unable to return to work in the same capacity or is unable to return to the workforce at all. However, the awarding of permanent partial and permanent total disability may be subject to the extent of the injuries.
Additionally, in the event of a work injury causing or contributing to the death of the employee, death benefits may be available to immediate family to support them and potentially cover end-of-life costs. The size of these death benefits may be dependent on the individual company in question and their insurance policy.
Who Qualifies as a Longshoreman?
A longshoreman is generally considered to be a manual worker who loads and unloads cargo at a port or other harbor area. These workers could be employed somewhere as large as a shipyard or with a smaller operation on a wharf or dock. However, most workers who are employed moving cargo on and off ships are likely to be considered longshoremen.
Longshore and Harbor Workers’ Compensation Act (LHWCA)
While many workers’ compensation plans are enforced by the state and provided by the employer of the longshoreman in question, maritime workers are under a different category. Since maritime workers are employed on the navigable waters controlled by the United States, they may not be under the jurisdiction of the state. As such, the federal government instated the Longshore and Harbor Workers’ Compensation Act (LHWCA) to ensure protections for maritime workers. Longshoremen and other harbor workers may be covered by this act instead of the state workers’ compensation laws.
For more information on the Longshore and Harbor Workers’ Compensation Act, consider seeking the advice of a skilled maritime injury attorney from Lott Law.
Who Is Covered by the LHWCA?
This act applies to many traditional fields of maritime employment, such as longshore workers, shipbuilders, and other construction or repair workers who may work in harbors or other maritime locations. Specifically, the injury that is the subject of the longshore claim must have occurred on the navigable waters of the United States or adjoining areas. The LHWCA is specifically designed to cover maritime injuries.
How to File a Longshore Claim
Filing a longshore claim can be a simple process, but it may require the individual to understand what jurisdiction covers the injury and where to file a longshore claim. Additionally, the severity of the workplace injury and the extent of the permanent effects could influence the nature of the claim and complicate the process. Proper documentation and a clear plan can help avoid these issues and may help secure compensation for maritime injuries.
Reporting a New Injury
Reporting injuries quickly and clearly may help support a longshore claim, as the employer’s knowledge of the injury may affect the individual’s right to compensation. The employer must be made aware of the injury within 30 days of the injury’s occurrence or discovery, otherwise, the employee’s right to compensation may be in jeopardy. The employee is responsible for reporting any injuries via a Notice of Injury, and it is not the employer’s responsibility to discover them.
Filing a Claim
The statute of limitations for a longshore claim is one year from the date of injury, which means that the injured party must file a claim by submitting a Form LS-203 with the OWCP before this date. The federal government will then process the claim and initiate the process to provide compensation for the maritime injury in question.
Receiving Compensation
Once this process is complete the employer, through their insurance company, will provide the agreed-upon disability benefits to the employee. Submitting the proper documents within the proper time frame may help ensure that disability benefits are properly provided by the employer. Failure to submit these documents correctly could delay or prevent benefits from being paid.
Key Factors in Successful Longshore Claims
There are many different hazards that longshoremen must contend with, including crane mishaps, exposure to chemicals, lifting injuries, falling from height, and even drowning. Therefore, understanding how to make a successful longshore claim could greatly increase the chances of efficient compensation. Knowing when and how to file these forms and documents could drastically alter the process for an injured longshoreman.
Generally, one of the key factors in filing a longshore claim is quickly submitting the proper forms to the proper authorities. The employer must be notified of the injury promptly, and the proper forms must be submitted to the federal government to receive compensation. Understanding the timelines of these different entities and submitting clear information can greatly benefit a longshore claim.
Additionally, having clear records and documentation of the injury can help. Detailed medical records and financial evidence can point to the severity and financial burden of a given injury. Precise details could help the settlement amount accurately reflect the value of the claim. Additionally, the advice of skilled legal counsel could help gather evidence and submit an effective longshore claim.
Speak to a Mississippi Longshore Workers’ Compensation and Maritime Injury Lawyer
Understanding the nuance of federal maritime law could influence a longshore claim for injury compensation. Injury compensation could provide additional peace of mind and financial security for injured longshore workers. If you or a loved one has sustained a maritime injury, an experienced maritime injury lawyer from Lott Law may be able to assist with your claim. Consider scheduling an appointment today for a free case consultation by calling the office at (228) 215-2787.