Longshoremen or dockers play a vital role in the commercial shipping industry. Their training and expertise enables them to load and unload ships properly, balance freight, and manage weight on vessels that travel across the globe.
Since the longshoreman often work with heavy equipment such as shipping containers, a mistake could be made, causing severe injury or death, often through no fault of the worker.
If you or a loved one suffered a maritime injury, a Pascagoula longshoreman injury lawyer could help you bring a claim against the party responsible for the accident. An experienced maritime injury attorney could appreciate the set of circumstances you must now tackle and help you resolve the matter in a way that will make your life more comfortable.
Longshore work requires mental and physical dedication. In addition to strenuous physical labor, they often have to perform dangerous tasks such as operating heavy-duty equipment, working from scaffolding or catwalks, and lifting heavy objects.
Some types of injuries suffered by longshore workers include:
The United States acknowledges the critical role longshoremen play in facilitating the exchange of cargo between land and sea. It is a lynchpin of the shipping industry, which buoys state and national economies. Given its importance, the law provides remedies for Pascagoula longshoremen if they have sustained an injury while on-the-job.
The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides a remedy for dockers. The LHWCA covers injuries that occur during loading or unloading, building, or repairing of a ship. The law created a federal workers’ compensation program that gives longshoremen medical and disability benefits. Under the law, families of longshore workers can obtain survivor benefits in case of the worker’s untimely death.
Since LHWCA is a workers’ compensation system, an injured Pascagoula longshoreman does not file a personal injury lawsuit. They must go through the administrative channels set up by the law. The LHWCA claims process goes through an arm of the United States Department of Labor. After an injured claimant files for benefits, a committee will review the claim and request. If approved, the fund will begin to dispense benefits shortly after that. If denied, a claimant can appeal the dispute to an administrative law judge.
Under the LHWCA, a deceased worker’s beneficiaries may receive payments of scheduled death benefits from the deceased’s employer, subject to certain limitations. A diligent Pascagoula longshoreman injury attorney could help ensure that surviving family members receive the benefits they are entitled to.
Injured workers also have a right to sue a vessel owner’s for negligence under a traditional personal injury law. Additionally, if a longshoreman suffers a fatal accident, their surviving estate can file a wrongful death lawsuit under section 905(b) of the LHWCA.
A plaintiff can do this without giving up their workers’ compensation benefits if they adhere to certain procedures. Note that factors, such as where the accident took place, can affect which law applies and compensation eligibility.
If you have been injured while on the job, it may be difficult to determine what to do next. Fortunately, a seasoned maritime injury attorney could help your case. A Pascagoula longshore injury lawyer has the knowledge, skills, tools, and resources to help you with your maritime claim.
Call today to discuss your case and how an attorney could help you seek compensation.