The maritime industry is one of the leading job creators in the Magnolia State, and the Mississippi Development Authority states that it generated almost $10 billion in gross regional product between 2018 and 2020. The shipbuilding industry is particularly active in Mississippi, and it is expected to grow at a steady pace over the next few years. While these statistics are certainly encouraging, they do not tell the whole story. Workers risk their lives every day to fuel this economic success, and injuries are relatively common among longshoremen. The Longshore and Harbor Workers’ Compensation Act provides a financial safety net for these injured workers, but gaining access to compensation is not always easy. One potential roadblock is the statute of limitations. An experienced personal injury lawyer in Mississippi may be able to explain how the statute of limitations affects longshoreman workers compensation. To continue this discussion, consider calling (228) 215-2787 to book a consultation with Lott Law.
Is Longshoreman Workers Compensation the Same as Normal Workers Compensation?
Longshoreman workers compensation is very similar to the “standard” workers’ compensation program in Mississippi, but it is not the same. Perhaps the most notable difference is that the former is a federal program, while the latter is a State program. Longshoremen are protected by the Longshore and Harbor Workers’ Compensation Act (LHWCA), a federal bill passed many decades ago. According to the Congressional Research Service, firms that employ longshoremen must purchase insurance to cover their injuries, and this no-fault insurance system is effectively identical to State workers’ compensation in its structure. The LHWCA was created because longshoremen did not have access to State workers’ compensation, leading them to sue their employers and ship owners directly for injuries on the job.
Both State workers’ compensation and the LHWCA provide up to two-thirds of lost income in Mississippi. The main difference between these two programs involves their respective statutes of limitations. This is the legal time limit for injured workers. If it expires, a claim may be impossible. While Mississippi’s workers’ compensation program gives a worker two years to file their claim, the LHWCA has a much shorter one-year statute of limitations.
When Does the Statute of Limitations Begin for the LHWCA?
Although longshoreman workers compensation is associated with a one-year statute of limitation, this time limit only begins when injured longshoremen become aware of their injuries. This is an important distinction, theoretically allowing LHWCA claims many years after initial injuries. While it might seem unthinkable to suffer a serious injury and not be aware of it, this happens fairly regularly.
A classic example is exposure to dangerous toxins, chemicals, and substances – a common hazard in the shipbuilding industry. Asbestos, lead, cadmium, and mercury are just a few examples. Some shipbuilders are also exposed to radioactive substances – particularly those who help construct navy vessels. The effects of these harmful materials may not be clear until decades after initial exposure. For example, a worker might receive a cancer diagnosis ten years after being exposed to carcinogenic material at a shipyard. The statute of limitations only goes into effect once the worker becomes aware of their injury. As a result, they may file a claim even if the initial exposure occurred more than one year prior. There are many other potential examples in which a worker becomes aware of their injuries many years after their accidents, such as comas and amnesia.
Personal Injury Lawsuits vs. LHWCA Claims in Mississippi
Although longshoreman workers compensation provides a viable source of financial support after an injury, it might not be the only option. Many longshoremen have successfully filed personal injury lawsuits after their work-related accidents, and this can potentially lead to higher levels of compensation. In theory, workers’ compensation is supposed to bar employees from suing their employers directly. In practice, however, these lawsuits may still be possible – and injured workers have successfully sued shipbuilding companies in the past for issues like asbestos exposure. In Mississippi, personal injury lawsuits are associated with three-year statutes of limitations. This gives plaintiffs more time than both the State workers’ compensation program and the LHWCA in Mississippi.
Why Should I File a Personal Injury Lawsuit Instead of an LHWCA Claim?
The benefit of filing a personal injury lawsuit instead of an LHWCA claim is straightforward: Workers can potentially receive more compensation for their damages. A personal injury lawsuit can cover all lost wages, while longshoreman workers compensation only covers two-thirds. While both options should cover all medical expenses, a personal injury lawsuit goes one step further by covering non-economic damages. These damages represent emotional or psychological losses, and they can be highly lucrative. Examples include depression, anxiety, post-traumatic stress disorder (PTSD), disfigurement, loss of enjoyment of life, and emotional distress.
Personal injury lawsuits may be possible if an employer causes injuries due to gross, reckless negligence. Injured longshoreman may also sue if they suffer injuries due to negligent third parties (not their direct employers). Speak with Lott Law to determine whether a personal injury lawsuit might be possible. Some longshoreman might also be protected by the Jones Act, which has a three-year statute of limitations. These various options can be difficult to assess for average longshoremen, and a consultation with an experienced personal injury lawyer can provide more clarity. Consider speaking with Lott Law to evaluate legal options after a maritime injury in Mississippi.
How Quickly Should I Contact a Lawyer After a Maritime Injury?
It makes sense to get started with a personal injury lawyer as quickly as possible after a maritime injury. Although it might seem like the statute of limitations provides plenty of time after an accident, important evidence has a tendency to vanish relatively quickly. Eyewitnesses might move out of the state or pass away. Important documents might become lost or destroyed. Crucial files may be deleted. A proactive attitude with minimal procrastination helps longshoremen avoid these issues.
Contact Lott Law Today
The statute of limitations can be problematic, but it is just one of many potential barriers to compensation. Injured longshoremen might have their claims denied for many other reasons, from horseplay and intoxication to lack of medical evidence. To approach their claims in an efficient manner, injured longshoremen can work with experienced personal injury lawyers in Mississippi to formulate personalized strategies. Internet research only provides basic insights, and Lott Law may be able to offer more targeted guidance based on the circumstances of each work-related accident. To discuss specific goals and concerns regarding longshoreman workers compensation after an accident, consider calling our compassionate and dedicated workers compensation attorneys at Lott Law at (228) 215-2787 today.
