The Longshore and Harbor Workers’Compensation Act (LHWCA) is really a Federal law requiring maritime employers to supply workers’compensation insurance that covers their employees’on-the-job injuries and occupational diseases which occur on the navigable waters of the United States, or adjoining areas. The Longshore and Harbor Workers’Compensation Act provides compensation for workers who are injured while at work in maritime industries that require utilization of the waters of the United States.
The U.S. Department of Labor approximates that around 500,000 workers are protected under this system and around 400 insurance companies provide compensation through the program. In order for a work-injury to qualify for coverage under the LHWCA the injury should have happened at a protected job, you must be considered a protected employee, and the employer should be the form of maritime employer covered by the Act.
Along with Longshore benefits, you might be entitled to compensation from a 3rd party for your injuries. Only an experienced Longshore lawyer will know who you are able to sue and what you can recover. You need to certainly speak with a lawyer when you accept any type of settlement from your maritime employer or any other source.
What jobs are covered by the Longshore and Harbor Workers Compensation Act? A job upon the navigable waters of the United States and/or an adjoining pier, wharf, dry dock, marine railway or other adjoining area usually used in working with or building vessels.
What longshore employees are covered by LHWCA? A covered employee generally works building or repairing ships, transporting good and cargo, jones act attorney or building docks or structures utilized on, near or higher water. The Act would usually also cover dock hands, longshoremen, hold men, forklift operators, port and harbor workers, warehousemen and any workers constructing facilities for maritime commerce.
How do I understand if my maritime employer is covered by LHWCA? The Act broadly defines this as any employer whose employees are employed in maritime employment.
Is anyone excluded from coverage? Yes. The Act excludes certain governmental employees both locally and from abroad and those whose own illegal actions contribute for their injuries. Other workers, such as for instance members of the crew of a vessel, are covered by different laws like the Jones Act and general maritime law. Even though technical requirements of the act clearly identify some of the workers who are covered, other workers whose job functions require some of the previously discussed tasks might be able to seek compensation under the Act.
A longshore attorney could be of tremendous help in cases which don’t seem to fit into the LHWCA structure. Also, if you feel that you’ve been awarded inadequate in damages and insurance, you are able to seek the help of an attorney to work out how you are able to appeal the decision. An experienced longshore attorney will allow you to file your claim under the Act’s provisions, and assist you to show why you deserve to be compensated under the act. In the event that you or someone you understand was injured at work in the shipping industry, you ought to contact experienced longshore injury lawyers for more information.Business