Longshore workers in Mississippi face serious safety hazards every day. These individuals typically work at ports and docks, assisting with the loading and unloading of shipping vessels. Even though modern technology like cranes and forklifts makes manual labor easier for longshore workers, accidents can (and do) still happen. The most serious of these accidents prove fatal, while others leave longshore workers with permanent disabilities. Even a relatively light injury can be financially burdensome, leading to weeks or months of missed earnings and expensive medical bills. A worker who finds themself in this situation can pursue compensation for their workplace injury. This should not be a difficult task, especially with assistance from experienced workers’ compensation lawyers in Mississippi. Lott Law may be able to guide workers through these next steps, so dial (228) 215-2787 to begin the discussion.
Seek Medical Treatment as Soon as Possible
The first step after a workplace injury is simple: Seek medical attention as soon as possible. Often, a longshore accident will trigger an emergency response – and first responders will likely arrive at the scene within minutes. Injured workers should consider limiting their movements until paramedics arrive – especially after a serious impact or fall. The true extent of the injury may be unclear, and further movements could make things worse. Accept treatment and transport to the nearest hospital. From there, follow the instructions of health care providers and wait for the injury to stabilize.
Prompt medical treatment is crucial for various reasons. First, it gives workers the best possible chance at a speedy recovery. Those who delay or refuse treatment may develop issues that prevent them from working in the future. Secondly, proper health care creates medical records that injured workers can use when submitting injury claims. Without these records, it may be impossible to prove that the injury occurred – or that it was work-related. Longshore workers who develop more gradual health issues such as repetitive strain injuries (RSIs) should seek treatment as soon as they notice their conditions.
Confirm Whether You Are Classified as a Longshore Worker
Injured workers may also need to carefully consider whether they actually qualify as “longshoremen” under federal guidelines. The Department of Labor states that any employee who works in a “traditional maritime occupation” may file a claim under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This includes not only longshore workers, but also shipbuilders and ship-breakers. Anyone who repairs vessels or engages in construction projects on harbors may also be eligible to file an LHWCA claim. The exact definition of a longshore worker can be quite complex, and workers may want to review their unique circumstances with Lott Law before filing claims.
While the specific profession of an injured worker is important, the location of the injury is also relevant. According to LHWCA guidelines, compensable injuries must occur in the navigable waters of the United States of America. Alternatively, workers may qualify to file an LHWCA claim if their injuries occur in areas adjoining these navigable waters. For example, the injury might have occurred on a pier, dock, terminal, wharf, shipyard, or waterway. Some workers are specifically excluded from the LHWCA, including seamen and government workers. These individuals may need to file different claims, including Jones Act claims or Defense Base Act claims. Some maritime workers may be covered by the state workers’ compensation act in Mississippi. Regardless of these details, workers should be able to seek compensation for their injuries unless they are independent contractors.
Report the Injury
After a worker receives medical treatment and determines the most appropriate source of compensation, they should report their injury to their direct employer. This is necessary even if the accident is common knowledge across the workplace. If a worker fails to report their injury within 30 days of their accident, they may lose benefits – including compensation for lost income. Phone calls and verbal reports are not enough – and workers must file written accident reports using Form LS-201. Although this form is relatively straightforward, workers’ compensation lawyers may be able to help injured workers and their families fill it out without unnecessary errors.
Families who have lost longshore workers to fatal accidents need to follow a slightly different process. The first step is to identify eligible survivors or legal representatives who have the authority to pursue compensation on behalf of the decedent. Next, this person must fill out and file Form LS-262. Further documentation may be necessary, including Form LS-265 (Certification of Funeral Expenses). Remember, death benefits can provide meaningful compensation for grieving families. These benefits cover funeral costs, lost future income, and any unpaid medical expenses incurred by the decedent before their passing.
Prepare for Denied Claims
After longshore workers file their claims, they should prepare themselves for potential denials. This is relatively common, and a denied claim could be triggered by a relatively minor mistake. Alternatively, the denied claim may be based on a more serious issue. Sometimes, workers are misclassified as independent contractors when they should be designated as employees. This could represent a violation of employment law, and misclassified workers may be able to push back against their denied claims. A denied claim may also revolve around allegations of intoxication before the workplace injury.
Whatever the case may be, an experienced workers’ compensation lawyer can help longshore workers appeal their denied claims. They may do this by collecting various evidence and presenting compelling arguments during hearings. If necessary, a lawyer can continue to appeal a denied claim all the way to the highest courts.
Consider Calling Lott Law After a Workplace Injury
Various steps are crucial after a workplace injury, especially the pursuit of proper medical treatment. But once longshore workers visit doctors, the next steps could be unclear or challenging. After all, many of these workers are completely incapacitated after their workplace injuries – perhaps facing paralysis, brain damage, or multiple fractures. In the face of these challenges, it may make sense to work alongside an experienced workers’ compensation lawyer in Mississippi. These legal professionals can guide longshore workers through the next steps, allowing them to shift their focus back to the recovery process. Lott Law may be able to assist in this manner, so dial (228) 215-2787 to take the first steps toward fair compensation.