Longshore workers injured in the workplace can look to The Longshore and Harbor Workers’ Compensation Act (LHWCA) for financial recourse. According to the Department of Labor (DoL), this federal legislation provides victims of workplace injuries sustained on the nation’s waters or areas used to load, unload, build, or repair a vessel with financial compensation, medical care payments, and rehabilitation services. By taking certain steps, dock workers who sustain workplace injuries can improve their chances of successfully navigating the claims process and receiving support during the recovery period. Learn about what longshore workers can do after suffering a workplace injury, and discover the legal options available to victims of these incidents by speaking to an experienced Mississippi workers’ compensation attorney; contact Lott Law today to schedule a confidential consultation by calling (228) 215-2787.
Who Are Longshore Workers?
Also known as dockers, dock workers, or stevedores, these individuals remove cargo from ships and place them in other forms of transportation, such as trains and trucks, or dock areas. Their duties typically include operating cranes and mechanical towers and using mobile equipment like tractors and industrial trucks to move crated items, vehicles, machinery, containers, and other cargo. They also utilize hoisting devices such as winches to unload and load cargo onto vessels and between other ships; in addition, they clean ships’ storage areas, repair and maintain cargo equipment, secure cargo to vessels, and facilitate liquid transfer on ships.
What Damages Are Available for Successful LHWCA Claims?
Successful LHWCA claimants usually receive compensation covering the medical care expenses they incur as a result of their workplace injuries, as well as a proportion of their lost earnings. If these individuals cannot continue their previous job following their injury, they might also receive compensation covering vocational rehabilitation, alongside possibly gaining eligibility for disability benefits. The LHWCA also covers claims related to wrongful deaths, offering benefits such as loss of income and funeral expenses to workers’ dependents when a worker dies because of employment-related diseases or injuries.
Deadlines for Filing LHWCA Claims
Dock workers and longshore workers looking to make LHWCA claims have 30 days from the date of illness or injury to accurately report it to their employer; when making this report, consider immediately asking a superior to file the necessary forms on their end. Workers also have a year from this date to file their injury claim with the Office of Workers’ Compensation Program (OWCP), although this timeline increases to two years for illnesses from the discovery date or date when the employee should have reasonably known about it.
If a dock worker’s employer has already started paying compensation and then stops, and the employee wishes to make a claim, the statute of limitations is from a year after the final payment made by the employer. Some reasonable exceptions concerning these reporting deadlines exist; for example, an employee might be able to report an injury beyond this deadline if they can prove that a mild condition caused at work worsened after 30 days due to working conditions, if the employee’s medical condition prevented them from reporting the incident within the deadline, or if an illness’s symptoms did not start showing until more than 30 days following the deadline.
Can Employers Fire Longshore Workers for LHWCA Claims?
Employers cannot fire dock workers on the basis of filing an LHWCA claim. If an employer retaliates against an employee for making a sincere claim, they are breaking the law.
Explore the steps longshore workers can take following a workplace injury in more detail, and find out how a Mississippi workers’ compensation lawyer can aid longshore workers with their legal claims. To continue this discussion, arrange a consultation with Lott Law today.
What Type of Workplace Injury Can a Longshore Worker Sustain?
Dockers can sustain a variety of injuries in the workplace, such as fractures, torn or stretched tendons, muscles, or ligaments, and dislocations from a slip or fall incident or due to physical trauma. Other more serious injuries include amputations after a body part becomes trapped in machinery, head injuries, potentially causing memory loss, dizziness, and other serious medical issues, and spinal cord injuries, possibly resulting in partial or complete paralysis, as well as puncture wounds or lacerations, caused by falling onto protruding or sharp objects. Additionally, dock workers may suffer from hearing loss, occupational diseases, repetitive strain injuries, or conditions caused by frequent exposure to dangerous substances.
What Steps Should You Take if an Injury Occurs in the Workplace?
After sustaining an injury at work, inform the employer as quickly as possible, preferably on the injury discovery date, and then seek immediate medical assistance to start treatment and begin documenting the injury. Then, collect any evidence linked to the ailment, such as witness contact information, medical treatment records, medical expense receipts, and photographs of the incident. Finally, promptly file the claim forms, including details concerning the injury sustained and where, how, when, and why it happened with the OWCP.
Understanding the LHWCA Claims Process
Following the completion of the above steps, there is a presumption that the claim’s content is true, provided it mentions that the employee suffered harm and that a work-related incident caused this harm; if the employer decides not to challenge the claim, the worker receives the compensation. However, if the employer challenges the claim, the victim may ask the OWCP’s District Director for an informal conference to seek a resolution. If this fails to achieve results, the claimant can seek a hearing with an administrative law judge (ALJ); beyond this, further appeals with the Benefits Review Board and then the United States Court of Appeals are an option.
Arrange a Consultation With a Seasoned Pascagoula Workers’ Compensation Attorney Today
Dock workers who receive an injury while at work may want to take immediate action, including reporting the injury to an employer, seeking prompt medical care, and selecting an appropriate doctor for future treatment, to boost the chances of qualifying for an LHWCA claim. In addition, these individuals may wish to consider speaking to a lawyer with experience in this area to assist with the claims process; worth noting is that per § 928 of the LHWCA, an employer and their insurer usually cover the attorney fees of an injured docker, with a dock worker’s attorney only collecting a fee from the victim in the event of a successful claim. Understand more about the steps longshore workers can take after suffering a workplace injury by reaching out to Lott Law; call our firm today at (228) 215-2787 to speak to a knowledgeable Mississippi workers’ compensation lawyer.