Under the Longshore and Harbor Workers’ Compensation Act (the “Longshore Act”), harbor workers are entitled to receive no-fault benefits if they suffer injuries or get sick on the job. These benefits are paid by their employers (or, more commonly, their employers’ insurance companies), and they are intended to help compensate injured workers for their medical expenses and lost pay.
Unfortunately, while injured harbor workers are entitled to Longshore Act benefits regardless of the cause of their injury, many find it exceedingly difficult to obtain the benefits they deserve. Employers and insurance companies regularly fight injured workers’ claims, and there are strict timelines and procedures involved in filing for benefits under the Longshore Act. If you delay or make mistakes in filing your claim with the U.S. Department of Labor, you could easily end up without the money you need to cover your losses.
At Morrow & Sheppard LLP, we help injured and sick harbor workers pursue third-party claims separate and apart from claims under the Longshore Act. We often work closely with the workers’ compensation attorneys who help our clients seek Longshore benefits from their employers, while we simultaneously handle third-party claims against ship owners and other third parties. The reason is simple: We want to make sure you receive maximum compensation for your injuries and losses.
We represent harbor workers in Texas, Louisiana and nationwide in claims involving injuries and illnesses from causes such as:
When seeking compensation from your employer under the Longshore Act, there are certain limitations on the benefits available. This is similar to workers’ compensation laws that apply to onshore workers. The benefits available to harbor workers under the Longshore Act include:
Your employer is legally obligated to pay these benefits even if it is not at fault for your illness or injury. However, as we mentioned above, many employers will not pay without a fight.
In addition to claiming these benefits from your employer, you may also be able to file what is known as a “third-party” claim under the Longshore Act. Third-party claims differ from employer claims in several important ways. Most importantly, unlike employer claims, third-party claims do not limit the compensation you can recover. This means that if someone other than your employer caused your injuries, you could be entitled to damages for your pain and suffering, all of your lost income and your other losses.
When you contact us about your case, we will conduct a thorough investigation to identify any third parties that may be responsible for your injuries. If you have a third-party claim, we will seek benefits from your employer and file a lawsuit against the third party in court in order to obtain the largest possible recovery for your losses.
To learn more about your rights under the Longshore Act, feel free to contact us for a complimentary consultation. Call (800) 489-2216 or contact us online to speak with an offshore injury lawyer about your case today.
Don’t let your rights be jeopardized.