Longshoremen and other dock workers face the risk of severe injury every day they are on the job. There are a variety of injuries that can occur during the loading, unloading, or repair of an ocean vessel. If you or a loved one were injured while working at sea, let a compassionate maritime injury attorney review your case.
Once an Ocean Springs longshore and harbor workers accident lawyer reviews your case, they could advise you on the strength of your claim. While not every injury will result in monetary recovery, many dock injuries result in a viable compensation claim under federal law.
Working in and around a harbor has a variety of serious risks associated with it. While federal law requires employers to provide a safe work environment in Ocean Springs harbors, the sad truth is the severe injuries still happen frequently.
The conditions of working dockside are rarely comfortable. Many workers face long hours, severe weather conditions, and the constant risk of injury due to the nature of their work. Some of the most common risk factors facing Longshore and harbor workers include:
When injuries occur, a longshore or harbor worker should seek the guidance of experienced legal counsel. A seasoned Ocean Springs longshore and harbor workers accident attorney could help an injured worker recover compensation claim.
The Longshore and Harbor Workers’ Compensation Act, or LHWCA, is a statutory scheme similar to the workers’ compensation system operated in most states. However, this system functions under federal law.
Only certain categories of workers may recover compensation under the LHWCA. Generally speaking, the Act is designed to compensate workers in and around a harbor. These occupations include:
The LHWCA also applies to certain employees injured in navigable water. These claims are limited to workers on a ship that are not essential to operating the vessel. This is because other federal laws allow for compensation for seamen injuries.
All oversight of the claims under the LHWCA occurs within the department of labor. Within the department, the Office of Workers’ Compensation Programs is tasked with overseeing several federal workers’ compensation programs, including the LHWCA. Within the Office, the Division of Longshore and Harbor Workers’ Compensation (DLHWC) administers the LWHCA claims process.
A claim under the LHWCA begins with an injured worker notifying their employer and its insurance carrier of the work-related injury. If the employer denies the claim, they are required to notify the OWCP and state the reasons for their denial. They must also provide the injured worker with a copy of this form.
After the denial of a claim, the injured worker has the right to request a hearing before an administrative law judge. At the hearing, they will have the opportunity to show that their injuries were work-related and qualify for compensation.
LHWCA are complex. Thankfully, an injured worker has the right to hire an Ocean Springs longshore and harbor worker accident attorney to guide them through the process.
If you sustained an injury while working dockside, you deserve monetary compensation while you recover. While not every injury will qualify, many accidents result in viable compensation claims under federal law.
If you believe you have a valid claim under the LHWCA, contact an Ocean Springs longshore and harbor workers accidents lawyer as soon as possible. Call today to get started on your claim.