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Protection for Injured Waterfront and Longshore Employees If you were injured while working on a fixed platform or near navigable waters, the Longshore and Harbor Workers’ Compensation Act (Longshore Act) is a law that may be able to help you…
Protection for Injured Waterfront and Longshore Employees
If you were injured while working on a fixed platform or near navigable waters, the Longshore and Harbor Workers’ Compensation Act (Longshore Act) is a law that may be able to help you get compensation for your injuries. This law gives injured workers the right to bring a claim against the employer to receive appropriate compensation.
Can the Longshore Act Cover Your Work Injury Accident?
The Longshore Act covers many different types of workers on the waterfront who have been injured in an accident.
We have listed a few of the types of workers who are covered:
- Longshore workers
- Stevedore workers
- Crane operators
- Forklift operators
- Shipyard workers
- Maritime construction workers
- Marine clerks
- Marine clerical workers
- Marine foremen
- Marine mechanics
There are countless other workers on the waterfront who are covered by the Longshore Act. If you are wondering if the Longshore Act applies to you, please call Cueria Law Firm at 1-800-899-7102. It is important to call as soon as possible, as the law puts certain time restraints on filing your claim.
What Benefits May You Be Entitled to Under the Longshore Act?
The Longshore Act provides compensation and medical benefits to injured workers. However, the number of benefits will depend on your injury. The Longshore Act divides an injured worker’s injury into one of two categories, scheduled and non-scheduled.
Scheduled Injuries: generally considered less serious, and will have a set payment amount based upon a schedule of payments.
Common Scheduled Injuries:
Non-Scheduled Injuries: injuries that have a much more generous compensation policy, guaranteeing two-thirds of the worker’s average weekly wage for life, or until they can return to work in full or partial capacity.
There can be severe shortcomings in being compensated for a scheduled injury. For instance, a worker who suffered a total loss of a leg while working will only receive an amount equal to 288 weeks of his average weekly wage, as it falls under the category of a scheduled injury. If this worker is unable to return to work, or can only work light duty after the injury, they will receive no further benefits beyond their final compensation pay. Therefore, it is wise to seek the counsel of a Louisana maritime attorney who has experience with Longshore Act injury cases.
Were Other Parties Responsible for Your Injury?
Sometimes, an injured longshore worker may have a claim against a party other than their employer (called a third party) that caused or contributed to their accident and injury. In those circumstances, the injured worker may want to make a case against the party responsible. This type of lawsuit can provide compensation for pain and suffering, loss of past and future earnings, and medical expenses.
Occasionally, an injured employee can file a lawsuit against his employer if the employee’s accident occurred on a vessel owned or operated by the employer. In that instance, pain and suffering damages would be allowed.
Can the Jones Act Law Be Applied to Your Injury Case?
At times, Jones Act and Longshore claims often overlap and can be challenging to determine which law applies. In most cases, it is more favorable for an employee to pursue a claim under the Jones Act. Under the Jones Act, the employee can sue his employer and any third parties who may have caused or contributed to his accident and injury.
Jones Act seamen are afforded special protection and are considered “wards of the court.” Additionally, they are entitled to medical treatment at the expense of the employer or vessel operator/owner until reaching the point of maximum medical improvement (when they can get no better).
Our Maritime Law Firm has handled Longshore and Jones Act cases across the nation. In several instances, we have substantially improved the amount of compensation for injured workers by legally applying the Jones Act law to a claim instead of the Longshore Act.
The application of these laws to the facts of each case can be complicated. We fight Longshore and Maritime claims for injured workers every day and would be happy to speak with you regarding your injury case.
Do you have a Longshore or Jones Act case? Contact us at 1-800-899-7102.
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Attorney Brent Cueria founded the Cueria Law Firm, L.L.C. located in New Orleans, in order to focus on the representation of injured individuals, where his true passion is. Mr. Cueria uses his past experience to diligently advocate for the injured and disabled clients he now represents against the insurance companies.
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There are many factors that can affect the outcome of your case, but time is often the most important. Call Cueria Law Firm today to speak to an attorney about your claim, and get started on the path to physical, emotional and financial recovery.
The team at Cueria Law Firm is here to assist you in all steps of your case - setting up doctor's appointments, starting an insurance claim, requesting a rental car, and more. We understand life after an accident can be overwhelming, but you aren't going through it alone.