About the Longshore & Harbor Workers' Compensation Act
The Longshore & Harbor Workers' Compensation Act stands as a cornerstone in the provision of benefits for maritime workers who are not covered by the Jones Act, which specifically caters to seamen. It covers a broad spectrum of people involved in maritime work, such as longshore workers, harbor workers, shipbuilders, ship repairers, and shipbreakers. These workers are essential to maintaining the supply chain through ports and harbors. Their roles are pivotal in ensuring that goods and services are transported efficiently, so safeguarding their rights through comprehensive laws like the LHWCA is crucial.
One of the key features of the LHWCA is its comprehensive coverage, which includes medical benefits, compensation for lost wages during periods of disability, and rehabilitation services aimed at assisting injured workers in returning to employment. Medical benefits under the Act cover all necessary medical, surgical, and hospital treatment associated with the work-related injury or illness, including the cost of travel required for treatment. In cases of permanent total disability or death, the Act provides for additional compensation to the worker's family or dependents.
The Longshore and Harbor Workers' Compensation Act also outlines specific procedures for the filing of claims and the resolution of disputes. The Office of Administrative Law Judges conducts formal hearings in cases where disputes arise over the entitlement or amount of compensation, ensuring that workers' claims are adjudicated fairly and impartially.
In addition to the basic provisions, several amendments and extensions have broadened the scope of the LHWCA over the years. The Defense Base Act, the Outer Continental Shelf Lands Act, and the Nonappropriated Fund Instrumentalities Act have expanded coverage to include employees working on military bases, outer continental shelf lands, and those employed by nonappropriated fund instrumentalities (NAFIs) of the Armed Forces, respectively. This expansion reflects the evolving needs of maritime and related industries, ensuring that more workers are protected under the federal compensation system.
Why the LHWCA Is Important
In addition to loading and unloading cargo, a longshoreman must be able to complete varying tasks. These may include operating equipment, transferring loaded trailers, rigging cargo, and more. The terminal areas in which longshoremen work have many safety regulations that govern the high-traffic areas and heavy equipment. When these regulations are not followed to the letter, the possibility of a serious accident is high. Understanding and adhering to safety protocols is crucial for reducing risks.
When a longshoreman is seriously injured, it's crucial for an attorney to be involved early enough to investigate. With professional legal help, you may be able to prove that your accident qualifies for compensation under maritime law.
Longshoremen's Rights Under Maritime Law
Most of the machinery used in a marine terminal requires a fair amount of skill and experience to operate safely and effectively. Due to the high potential for injury, the National Maritime Safety Administration was formed to protect the rights of those working in the marine cargo handling industry in the United States. This administration works in conjunction with the Occupational Safety and Health Administration to provide longshoremen and others in the marine cargo handling industry with information, counsel, and access to health, and safety training resources. These resources are essential for mitigating risks and maintaining a safe working environment.
An injured longshoreman or harbor worker may also have the right to sue any party, other than their employer or a co-worker, who was to blame for their injuries. This might include the manufacturer of a defective product, a vendor or customer, or even a vessel owner or operator, depending on the circumstances. Having an experienced LHWCA attorney review your situation is the best way to understand what options you have and what you should do next.
Receiving Disability for Breathing Problems Developed in a Shipyard
Under the Longshore and Harbor Workers' Compensation Act, you may be entitled to benefits for a work-related injury or disease, including asbestos-related lung diseases such as mesothelioma. Your employer's duty to provide disability compensation arises out of the employment relationship itself, so there is no need to show that the employer was at fault for exposing you to whatever caused your disability. Just because you did not work on a commercial vessel enough to be classified as a seaman, there are provisions other than under the Jones Act. Comprehensive medical documentation and timely reporting are vital to a successful claim.
If it can be proved that your illness was developed as a direct result of your service to your employer and can be linked to the workplace, you may be entitled to benefits under the LHWCA. This benefit is designed to support workers who face occupational diseases due to prolonged exposure to hazardous conditions.
Shipyards are known for carrying hazardous chemicals that, if ingested over long periods of time, can cause breathing deficiencies that require medical treatment. The severity of your breathing problem will depend on the amount of hazardous chemicals and substances in your shipyard as well as the amount of time you spent with them. As a shipyard worker, you are entitled to benefits under maritime law even though your work was not directly on a vessel. If you have developed a breathing problem, it would be best to contact your doctor immediately to ascertain the extent of your illness so that adequate treatment can be applied. Your illness may be mild, but it could also be severe. Your employer is obligated to pay your medical bills if your illness can be connected to your work at your shipyard workplace. Ask your employer if you are unsure whether you can be covered.
Prompt medical intervention and accurate records can greatly impact benefit eligibility and the success of your claim.
Longshoring Is Dangerous, But That Doesn't Excuse Accidents
Working as a longshoreman can be dangerous if equipment malfunctions, safety regulations are overlooked, or if any person involved in the work is inexperienced or careless. This is strategic and physical work that involves high-traffic areas and heavy machinery. Even though working as a longshoreman may have inherent risks, you still have rights. These rights are even more important because of the nature of your work.
As a longshoreman:
- You have the right to benefits for medical care and lost earnings without having to prove negligence or fault.
- You have the right to report a work injury and seek benefits without facing punishment from your employer.
- You have the right to file a lawsuit if a third party was responsible for your longshore accident, to seek additional damages for pain and suffering, loss of enjoyment of life, and more.
Make sure your rights are protected to the fullest by involving a Houston, Texas longshore injury lawyer at Arnold & Itkin. We represent longshoremen nationwide.
Types of Longshore Injuries
Longshoremen are at risk of catastrophic injury when equipment malfunctions or their employers are negligent. This may include brain and spinal cord injuries, loss of limb, broken bones, internal organ damage, severe burns, crush injuries, and near-drowning. Some of these injuries leave lasting physical and emotional scars. Some claim longshoremen’s lives. At Arnold & Itkin, we’re passionate about setting things right for injured longshoremen and their families. We assert our clients’ rights to the fullest extent of the law. Our commitment involves thorough individual assessments to tailor strategies that aim for maximum compensation.
Our Longshore and Harbor Workers' Compensation attorneys help after incidents such as:
Seeking Compensation as an Injured Longshore Worker
If you were injured while working as a longshoreman, you may be entitled to compensation in various ways. You may be able to file a claim under the Longshore and Harbor Workers' Compensation Act, which provides benefits regardless of who was at fault in the accident. Maritime and personal injury laws may also apply to your circumstances, which would help you pursue financial compensation for economic and non-economic damages for longshore injuries caused by negligence, intentional misconduct, or defective products/equipment. The right approach will maximize your recovery and help you begin to rebuild your life. Understanding your rights and options can have a profound impact.
Arnold & Itkin's maritime attorneys are leaders in the field. We've recovered billions for our clients and hold record-setting verdicts and settlements for maritime employees.
The LHWCA does not grant automatic compensation, but we can help. If you have any questions about the LHWCA or need help after any type of maritime accident, call Arnold & Itkin today. Our longshoremen attorneys can provide the guidance you need to navigate complex maritime laws effectively.
Third-Party Liability for Longshore Injuries
While the LHWCA provides compensation for injuries without the need to prove employer negligence, longshoremen may not be able to directly sue their employers for injuries covered under the Act. However, they can pursue legal action against third parties that contributed to their injury. This can include equipment manufacturers, subcontractors, or others not directly associated with their employer. Engaging a knowledgeable attorney can illuminate potential third-party liability, which may enhance compensation prospects beyond LHWCA's offerings. Arnold & Itkin assists clients in evaluating and pursuing these opportunities to ensure full legal redress for their injuries.
Understanding Houston's Unique Maritime Environment
Houston, with its extensive port facilities and active shipping lanes, is one of the busiest maritime hubs in the country. The Port of Houston plays a critical role in international trade and commerce, requiring a vast workforce for operations. Longshoremen in Houston are essential to managing the high volume of goods that pass through the port daily. However, the dynamic and sometimes hazardous environment of the port can increase the risk of longshore accidents.
Houston's notoriously unpredictable weather plays a significant role in the safety risks faced by longshoremen. With hurricanes, heavy rain, and high humidity being common, maritime operations need to frequently adjust protocols to ensure worker safety. High winds and rain can make navigating port spaces hazardous. Extreme weather conditions may also cause equipment malfunctions, increase slips and falls, and necessitate adjustments in cargo loading schedules to prevent accidents. Employers should provide comprehensive training and equipment to manage weather-related challenges confidently.
The unique aspects of Houston’s maritime industry and rapidly changing weather conditions bring specific challenges. These conditions can lead to increased accidents if proper safety measures are not strictly followed. This is where having the support of knowledgeable longshore attorneys becomes indispensable. Arnold & Itkin is committed to serving the Houston community by providing comprehensive legal support for those affected by maritime injuries, aligning with local regulatory standards while advocating for worker rights.
Call Our Longshore Injury Lawyers for a Free Case Review: (888) 493-1629
Longshoremen and harbor workers who have been injured are capable of recovering medical and disability payments under the LHWCA, as well as compensation for rehabilitation services and other situational costs. However, filing a claim and receiving the full amount of compensation available is not easily accomplished. You need an experienced lawyer who is committed to fighting for your rights regardless of the circumstances. At Arnold & Itkin, we proudly help clients nationwide from Dallas to Baton Rouge, Corpus Christi to Lafayette, and beyond.
Call (888) 493-1629 to talk to our longshore injury attorneys about the LHWCA and your potential claim. We're here to help you secure the best future by fighting for the best results.
