In Benefits & Settlements
Longshoremen Injured on the Job
Are you a longshoreman who has been injured while loading and/or unloading containers or cruise ships?
Working at U.S. ports can be a very dangerous job. If you are a longshoreman involved in loading or unloading container or cruise ships, and have been injured on the job, it is imperative that you contact the qualified Longshore attorneys at Gillis, Mermell and Pacheco, P.A.
What is the Longshore and Harbor Worker's Compensation Act?
The Longshore and Harbor Workers’ Compensation Act (also referred to as the Longshore Act or LHWCA), was created in 1927 to protect those working in the ship building and maritime industry, including longshoremen and stevedores who are responsible for loading and unloading container ships and cruise ships. The act provides medical and compensation benefits to workers injured in the maritime industry.
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Over $250 Million Obtained in Benefits & Settlements
Our skilled Longshore and Harbor Workers’ Compensation Act attorneys have represented hundreds of longshoremen with every kind of injury imaginable. Whatever bodily injury was caused at your job, we have the knowledge and experience to handle your case. You can be sure that you will either get an excellent settlement or have your case pushed to trial with a great chance of success.
Longshore & Harbor Workers’ Compensation Act Eligibility
Any Longshoreman involved in the loading and unloading of container ships and/or porters involved in loading and unloading baggage from cruise ships are covered by the Longshore and Harbor Workers’ Compensation Act and are entitled to file Longshore claims if they are injured on the job.
What Benefits Are Provided by the Longshore and Harbor Workers’ Compensation Act?
The LHWCA provides for compensation for disability and reasonable and necessary medical care for injuries sustained in the course and scope of employment. There are two types of disability compensation benefits: temporary disability and permanent disability.
You can receive temporary disability during the time that you are recuperating from your injuries and your condition is deemed to be temporary. Permanent disability benefits are paid after the point that your condition stabilizers and a doctor says that you have reached your maximum medical improvement (MMI).
Temporary disability benefits are paid in two categories: temporary total disability (TTD), and temporary partial disability (TPD).
Temporary total disability is paid at 2/3 of your average weekly wage for so long as a doctor says that you are unable to work in any capacity during your recuperation and prior to reaching your MMI.
Temporary partial disability covers you when you are able to return to work but not able to earn as much as you were able to prior to your injury. TPD is calculated at 2/3 of the difference between what you were able to earn before your accident, and what you were able to earn after your accident, and is paid up until your MMI.
Permanent disability benefits are paid in three different categories: permanent total disability (PTD), permanent partial disability (PPD), and scheduled award benefits.
Permanent total disability is paid at 2/3 of your average weekly wage for the rest of your life, if you can prove that you are permanently unable to work at any capacity.
Permanent partial disability is paid at 2/3 of the difference between what you were able to earn prior to your accident and what you are able to earn after your accident for the rest of your life, if that injury involves what is known as a body as a whole injury which would include your head, neck, shoulders, back, hips and psychological injuries.
The other permanent partial disability category is a scheduled award and is paid at a rate of 2/3 of your average weekly wage for a certain number of weeks, depending on the body part injured and based upon a schedule.
What Should I Do If I Am A Longshoremen Injured Under the Longshore and Harbor Workers’ Compensation Act?
01. Report Your Accident to Your Employer
You should immediately report your accident to your employer. It is recommended that those who are injured report their accident to their supervisor within 30 days of the injury. In addition to notifying your employer, you should also file a written claim with the United States Department of Labor, Office of Workers’ Compensation Programs (OWCP), Division of Longshore and Harbor Workers’ Compensation Act, within one year of the incident.
02. Request Medical Care from Your Employer
Under the Longshore and Harbor Compensation Act, you are entitled to a physician of your choice. Your employer, through its insurance carrier or claims administrator, is responsible for providing disability benefits and medical treatment for the work-related injury.
03. Contact The Law Offices of Gillis, Mermell & Pacheco, P.A. for Expert Representation
Contact a qualified Longshore and Harbor Compensation Act attorney who understands the complexities of handling this type of case. At The Law Offices of Gillis, Mermell & Pacheco, P. A., our lawyers have over 60 years of combined experience handling longshore workers’ compensation cases. We have proudly obtained over $250,000,000 in workers’ compensation settlements.
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