West Palm Beach Longshore and Harbor Workers Lawyer
Longshore and harbor workers are responsible for loading and unloading cargo from ships or vessels in addition to operating equipment, rigging cargo, and carrying heavy loads, among other difficult tasks. This type of occupation has a higher risk of severe and potentially life-threatening injuries in an accident. If you or a loved one has been hurt while working on a pier, dock, terminal or platform, you could be eligible for compensation for medical expenses and other related costs that have impacted your ability to do your job.
A West Palm Beach Longshore and Harbor Worker lawyer at Gordon & Partners is here to help you file a claim under the Longshore and Harbor Workers' Compensation Act. Our firm has over two decades of experience handling claims on behalf of injured workers and we have recovered millions in compensation for our clients. This includes multiple recoveries in excess of $1 million on behalf of injured workers. We have multiple attorneys who are members of the Million Dollar Advocates Forum.
Learn about your rights and available legal options in a complimentary consultation. If you are eligible to file a claim, we charge nothing up front for our services. You only pay us if we help you obtain compensation.
Talk to a lawyer today. Ph: 1 (855) 722-2552.
What is the Longshore and Harbor Workers' Compensation Act?
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that protects longshoremen, harbor workers, dock employees and maritime workers who are not seamen. The LHWCA allows certain employees to pursue workers’ compensation benefits after suffering a work-related injury or illness on navigable waters in the U.S. The law generally applies to maritime workers not covered by The Jones Act.
LHWCA claims are managed by the U.S. Department of Labor’s Office of Workers' Compensation Programs (OWCP). Like state workers’ compensation programs, the LHWCA does not require proving fault or that your work-related injury was caused by negligence.
Our maritime lawyers offer a free, no-obligation legal consultation to help determine if you meet the law’s definition of a maritime worker and whether the injury occurred in an area covered by the LHWCA. We have the resources and legal team to extensively investigate a claim and build a strong case.
It is important to note that injury victims who obtain legal representation from a licensed attorney often obtain more compensation than those who do not. Over more than two decades, our firm has established a track record of obtaining compensation for work injury victims.
Am I Eligible to File a LHWCA Claim?
The act covers workers who load, unload, repair or build vessels on piers, docks, terminals and wharves, workers who transport goods from a ship, and platform workers on offshore oil rigs, such as:
- Longshore workers
- Harbor construction workers
- Ship repairmen
- Ship breakers
- Waterfront crane operators
The LHWCA covers accidental injuries or deaths that arise out of and in the course of employment, and infections and diseases that occur naturally during employment.
In a free consultation with our firm, our experienced attorneys can help determine your eligibility to take legal action. Our West Palm Beach longshore and harbor workers lawyers know the process for filing claims and are ready to help you get started, if we validate your claim. We are available anytime, 24/7, to take your call and set up a consultation.
Gordon & Partners. Free Consultation. 1 (855) 722-2552.
Benefits Available for Injured Workers
The LHWCA provides the following workers’ compensation benefits to qualifying injured workers:
- Medical expenses – Approved costs to treat your injury or illness could include emergency services, hospital stays, doctor visits, surgery, diagnostic and imaging tests, prescription medications, assistive medical devices (wheelchair, crutches, hearing aids), and other services necessary for recovery.
- Partial disability benefits – These benefits are equal to two-thirds of your loss of earning capacity if your injury or illness does not allow you work in the same capacity as before.
- Total disability benefits – These benefits are equal to two-thirds of your average weekly wages if you have permanently lost the use of an arm, hand, fingers, toes, leg, foot, eyes or ears. These benefits are capped at 50 percent of the national average weekly wage.
- Vocal rehabilitation – These are services designed to help you find a job in a new field or in a different position if you are unable to perform your job in the same field you have experience and training in.
- Death benefits – These benefits are available if a worker dies as a result of an injury or illness on-the-job and are capped at 200 percent of the national average weekly wage.
Who is Excluded From the LHWCA?
The LHWCA specifically excludes the following employees:
- Seamen (crew members and masters of any vessel) covered by The Jones Act
- U.S. government employees or those employed by a foreign government
- Workers injured while under the influence of drugs or alcohol
- Workers who deliberately injury themselves or others
The act also excludes certain employees if they are already covered by Florida workers’ compensation laws:
- Those employed to perform office clerical, secretarial, security or data processing work
- Those employed by a camp, restaurant, club, retail outlet or recreational operation
- Aquaculture employees
- Temporary workers in a maritime company
- Employees of suppliers, transporters or vendors engaged in work normally done by other employers
- Those employed to build, repair or dismantle recreational vessels under 65 feet in length
- Those tasked with loading and unloading vessels that weight less than 18 tons
- Employees at marinas who are not engaged in construction, replacement or expansion of the marina
Filing a LHWCA Claim
When a longshore or harbor worker is injured on the job, the employee is required to report it to his or her employer as soon as possible – within 30 days under the law. The employer must then report the injury to the OWCP and provide the injured worker with the necessary form to file a claim. In most situations, the deadline for filing a LHWCA claim is one year from the date of the injury.
There are certain exceptions that may require you to file later. For instance, if your injury did not immediately result in disability, the clock may not start until you became aware or reasonably should have been aware that your injury caused a disability and missed time from work. This could also include occupational diseases. A licensed lawyer from our firm is prepared to determine the deadline that applies to your situation in a free, no-obligation legal consultation.
Call Our West Palm Beach Longshore and Harbor Workers Lawyers Today
If you are a longshore or harbor worker who has been injured on the job and it has impacted your ability to work, you may be eligible to pursue compensation. The LHWCA claims process can be difficult to navigate without having experienced legal representation on your side. Our lawyers at Gordon & Partners are well-versed in maritime laws and are here to advocate for your rights and best interests if you have a valid claim.
Schedule a complimentary consultation to get started. You are under no obligation to hire us and do not have to pay any upfront fees to use our services. We only get paid at the end if we obtain compensation for you.