Our Longshore Lawyers in Baton Rouge Can Help
Understanding the scope of coverage under the LHWCA is crucial for injured maritime workers seeking compensation. The Act specifically applies to employees performing maritime duties, such as loading, unloading, ship repair, and construction on navigable waters. This distinguishes it from other workers' compensation programs and highlights the importance of specialized legal representation.
With the complexities involved in LHWCA claims, having a knowledgeable longshore attorney in Baton Rouge can make a significant difference in the outcome of your case. At Arnold & Itkin, we are equipped to navigate these complicated issues and ensure every aspect of your claim is addressed, helping you seek a fair resolution. Our clients mean everything to us, and we stop at nothing to help them get the results they need. Our testimonials say it all:
"They have given me my life back…They fought tooth and nail for me and my family. Anytime we needed them, they were there."
- Josh Tipton, offshore accident survivor
Common Challenges Faced by Longshore Workers in Baton Rouge
Longshore workers in Baton Rouge face a unique set of challenges due to the city's bustling port activities and industrial infrastructure. The Mississippi River's proximity means constant movement of cargo, requiring longshoremen to be adept in managing heavy machinery and ensuring the safe handling of freight. In addition, the humid subtropical climate of Baton Rouge can exacerbate working conditions, leading to heat-related illnesses and fatigue.
These environmental factors, combined with the physical demands of loading and unloading ships, necessitate thorough training and adherence to safety protocols. Furthermore, the dynamic nature of maritime work in the area can sometimes see regulations evolve, meaning employers must stay informed about new laws and safety requirements. This is where knowledgeable local legal representation becomes crucial in safeguarding the rights and health of longshoremen.
Workers Protected by the LHWCA
Because the maritime industry is so vast, and the Act only refers to a relatively specific set of professionals, it may be helpful to know which of these occupations are covered by the LHWCA. Harbor workers are involved in construction, conversion, overhaul, repair, and alterations while handling machinery and large equipment. Since this work requires special equipment and working methods, it can be challenging and dangerous. When the appropriate safety regulations for that work environment are not followed to the letter, workers risk serious injuries in their daily job activities. If you're hurt, you should contact a Louisiana harbor worker accident attorney as quickly as possible.
The following job areas are covered by the LHWCA:
- Longshore workers and operators
- Ship repairmen
- Shipbuilders
- Harbor construction workers
- Shipbreakers
If you or your loved one is a qualified “seaman,” protected under the Jones Act or Louisiana state workers' compensation, the LHWCA will not apply. We have experience in many areas of law, including maritime law. Our longshore injury attorneys thrive under the pressure that large organizations and companies often apply in cases such as this and stand our ground to maximize your likelihood of receiving a favorable outcome. Arnold & Itkin LLP understands this Act and all of the specific benefits it entitles you as an injured or sickened longshore or harbor worker.
The range of professions covered by the LHWCA reflects the dynamic and multifaceted nature of the maritime industry. Each role involves unique risks and demands. For instance, shipbuilding and repairing necessitate precision work with heavy machinery, which can lead to severe injuries without proper safety measures. Meanwhile, roles like shipbreakers face exposure to hazardous materials that could result in chronic health conditions. This diversity in job functions ensures that the LHWCA remains comprehensive, providing vital support and compensation pathways. An experienced longshore attorney in Louisiana can guide you in leveraging these protections most effectively.
Longshore & Harbor Worker’s Compensation Act Entitlements
Any worker has the right to refuse to engage in unsafe working practices if their employer is violating the safety standards, regulations, and requirements established by the Occupational Safety and Health Administration. The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides job-injury and occupational-disease protection to employees who are injured while working on the navigable waters of the U.S. Harbor workers have extended benefits for workplace injuries caused in shipyards and boat yards located on navigable waters.
This also includes adjoining shore installations, including:
- Building ways
- Dry docks
- Graving docks
- Marine railways
- Terminals
- Wharves
Workers are entitled to benefits under the LHWCA if an injury occurs in their area of work, which can include the shipyard but also extends to the building and repairing areas. Serious injuries almost always result in a financial crisis, which should be at least partially mended by the employer.
Standard benefits under the LHWCA include:
- Medical expenses
- Payments for diseases caused by shipping, such as prolonged exposure to harmful chemicals
- Compensation for rehabilitation and/or physical therapy
- Vocational rehabilitation
- Benefits distributed to the families of workers who were killed on the job, as per a wrongful death claim
- 2/3 of your normal weekly pay for the duration of your recovery time
The Longshore and Harbor Workers’ Compensation Act also assists workers who have disabilities or need ongoing medical care. If harbor workers experience a wrongful death, the LHWCA may also provide benefits to their survivors. The LHWCA does not require that a worker’s employers be found at fault for the worker’s injury; however, when dealing with occupational disease benefits, shipyards may claim that the occupational injury was due to work at a previous shipyard. Regardless of the situation, under the “last maritime employer rule” within the LHWCA, the last employer is responsible for covering the compensation.
LHWCA Benefits in the Event of Wrongful Death
The LHWCA does cover the families of victims if they are unfortunately killed in the workplace, but action must be taken within a relatively short period of time. 50% of the worker’s wages will go to a surviving spouse, and 16.66% provided for his or her children, but only if the wrongful death is reported to the employer within 30 days of the incident and if a formal claim has been filed prior to one year after the incident.
After a Longshore Accident: Next Steps
In the immediate aftermath of a longshore accident, your first priority should always be your health and safety. Ensure that you receive necessary medical attention as soon as possible, regardless of the perceived severity of your injuries. Once your immediate health needs are addressed, inform your employer about the accident promptly. This is crucial as it initiates the documentation process required for filing a claim under the LHWCA.
Next, gather as much evidence as possible from the accident scene, including photos, witness statements, and any machinery involved. Maintaining a detailed record of events leading up to and following the accident can be invaluable.
It's also advisable to contact a local longshore attorney in Baton Rouge who understands the intricacies of the LHWCA and can guide you through the claim process, ensuring you adhere to all procedural requirements to maximize your recovery benefits.
What To Expect During the LHWCA Claims Process
When filing a claim under the LHWCA, expect a systematic process that begins with notifying your employer of the injury. After this initial step, completing and submitting specific forms to the Office of Workers' Compensation Programs (OWCP) is required. These forms are critical to documenting the nature of your injury, the circumstances surrounding the accident, and any related medical care obtained.
Following submission, claims typically undergo review, during which the OWCP evaluates the details provided to determine eligibility for benefits. If approved, the compensation you receive will cover medical expenses and, in many cases, a portion of lost wages. Having legal support throughout this process ensures that all documentation is accurate and comprehensive, enhancing the likelihood of a smooth and successful claim. This is where Arnold & Itkin's experience and dedication shine, supporting injured workers through every step.
LHWCA Representation in Baton Rouge, Louisiana
If you have been injured while performing duties as a harbor worker, it is your right to seek compensation. Due to the complexities and challenges presented with maritime law, you should not delay initiating a claim for benefits under the Longshore and Harbor Workers’ Compensation Act. An injured harbor employee must notify their employer of the injury within 30 days of its occurrence. A formal claim can be filed within one year—if you don’t follow these steps, you could risk losing your benefits.
Arnold & Itkin is one of the leading harbor worker injury firms in the nation. Our work in maritime law and offshore injury has allowed us to help thousands of workers afford medical care, provide for their families, and rebuild their lives. Our Louisiana harbor worker accident attorneys have secured billions of dollars for our clients in some of the largest cases in the nation. When harbor workers are facing the toughest situations of their lives, they call Arnold & Itkin. Call us if you want to review your situation and figure out the next step.
Call (888) 493-1629 to take the necessary steps in providing for yourself or your family in your time of distress.
