Knowing your rights is the first key to obtaining the benefits to which you are entitled, and which you deserve, when you are injured on the job. For those workers who perform their work on or near the navigable waters of the United States, and whose jobs relate in any way to the building or repair of ships and other marine vessels, or the loading or unloading of ships, barges or marine vessels of any kind, this statement could not be more true.
Depending on the type of work you perform and where you perform that work in relation to navigable waters, you may be covered not only under the workers' compensation law in the state where you are injured, but also by the Longshore and Harbor Workers' Compensation Act ("LHWCA"), a federal law administered by the United States Department of Labor through its Office of Workers' Compensation Programs.
The employees who work on the navigable waters of the United States, or in nearby areas and have rights under the LHWCA. Some examples of those who might be covered include employees who work in the shipyard buildings, those involved in building structures over water, longshoremen and crane operators, harbor-workers, and shipbreakers. The message in the end is that if you are injured on the job and your work is on or near a waterway, tied in any way to maritime related work, or you work for a private contractor whose job is tied to the military, you may be covered by the LHWCA, and that coverage is worth investigating further.
In 1936, the United States passed the Merchant Marine Act, also called the Jones Act, which protects the rights of sailors who have been injured on the job. The Longshore and Harbor Workers’ Compensation Act extended this right to any worker involved with the shipping industry, including barge workers, crane operators, longshoremen, shipyard builders, dock loaders, tugboat operators, and just about any employee who works in or around navigable United States Waters or on certain military bases.
Under these laws, if you are injured, your employer’s insurance company is responsible for paying for your medical expenses. The laws vary from state to state, but you are usually also entitled to receive a portion of your previous average weekly salary while you are unable to work as a result of an injury or illness. Often an injured employee is unable to work due to the injury. In this case temporary disability benefits are paid monthly and the employee should receive 66 2/3 percent of his or her average weekly wage at the time of the injury.
Of course, your employer’s insurance company is not going to want to pay these expenses. After all, they are interested mainly in their own bottom line. If you have been injured, those insurance agents are going to do everything they legally can to prevent you from getting the money you need for medical care, transportation, and basic living expenses. The process of filing for benefits under these laws is a long and complicated one. If you have been injured on the water you must file a Longshore and Harbor Workers' Compensation Claim within ONE (1) year from the date of the injury.
If you are injured as a result of an accident while on a pleasure boat, your injuries and damages may be covered under personal injury laws similar to those covering car accidents. Whether you’ve been hurt on the job or while trying to relax, the Norfolk and Newport News Maritime lawyers at Rutter Mills is the best choice to get you what you need you can get on with your life.
Do not get confused between Jones Act claims and Longshore-Habor Workers' Compensation Act claims. State and federal agencies do not get involved with Jones Act claims. Longshore-Harbor Workers' Compensation Act claims are similar to Workers' Compensation, however the claims are handled before the U.S. Department of Labor. The Longshore and Harbor Workers' Compenstation Act provides the injured worker medical care and income benefits. After Nelson Smallwood’s accident at the shipyard where he worked, he was told that he couldn’t go back to his job as a welder, his life’s work. He was devastated until he got in touch with the skilled maritime lawyers at Rutter Mills. We got him a settlement that will take care of him for the rest of his life. As he said, the Rutter Mills marine attorneys took care of absolutely anything and everything I needed.
The attorneys of Rutter Mills, L.L.P. have a proven track record in handling claims under the LHWCA. We have handled countless cases before the Department of Labor, and related appeals before both the Benefits Review Board of the Department of Labor and the U.S. Court of Appeals for the Fourth Circuit. We feel that it is important that the employees covered by the LHWCA are made aware of their rights, and pursue those rights so that they receive the compensation they deserve for their injuries. Our attorneys and large support staff are in the business of serving and helping injured workers. We know the law, and how that law applies to those injured on the job. Our goal is to obtain a result for each client that puts them in a better place, in spite of their injuries, so that they can move on with their life in a positive direction. If you have been seriously injured at your job and would like additional information about how we can help you, contact us today.