Ports and shipyards can be dangerous places. If you were hurt while working to load or off-load cargo, building or repairing ships, doing construction at a port, or as a contract employee working at one of the many US bases overseas, you may be entitled to file a claim under the Longshore Harbor Workers’ Claim Act or the Defense Base Act. These benefits can provide critical assistance for medical care, lost wages, and more. Knowing which laws will govern your situation requires a lawyer with specialized experience.
Longshore Workers’ Compensation Lawyers
Longshore Workers Compensation
For more than 60 years, the longshore workers compensation lawyers at Rutter Mills have been focused on helping clients get the money they need after a life-changing injury at local shipyards and ports.
For the 2023 fiscal year, the maximum amount a person can receive under the Longshore Harbor Workers Act is $916.99. That amount is calculated using the national average weekly wage, as determined by the Secretary of Labor. This maximum benefit amount would apply to workers suffering a total disability or death.
Defense Base Act Workers Compensation Claims
The Defense Base Act was created to help protect civilian employees working overseas at US military bases. The Act provides disability, medical, and death benefits to employees injured or killed while employed abroad. These claims and benefits are also governed by the Division of Longshore and Harbor Workers’ Compensation.
Longshore and Harbor Workers Compensation Claims
From tug boat captains to welders, truck drivers to forklift operators, people who work around the navigable waters of the U.S. are eligible for specific benefits when they get hurt on the job through the Longshore and Harbor Workers Compensation Act (LHWCA). This act provides different benefits from the state laws that govern injuries sustained on land. That’s why, when you have a longshore case, you need a workers comp injury attorney who is well-versed in the intricacies of the LHWCA.
What should I do if I am injured in a shipyard or at a marine cargo terminal?
If you have been injured at a marine cargo terminal or shipyard, you will need to tell your supervisor. They will help you get medical care and file an accident report.
Make sure you give your employer specific details about the accident. Things like weather conditions, signage, and witnesses will be crucial to your claim.
In most cases you have just one year to file a claim for benefits. That may seem like a long time, but conducting an investigation, getting witness statements, and other key elements will take time.
Your employers insurance company will do their best to minimize your suffering and your benefit amount. Make sure you speak with an experienced attorney who is familiar with the nuances of longshore injury cases.
Longshore Vs. State Workers Compensation Claims
Most injuries sustained while at work are governed by state workers’ compensation laws. Workers’ compensation was designed to protect the rights of injured workers on land, unfortunately, it did not protect workers on the water when an injury or death occurred. In 1927, the Longshore and Harbor Workers Compensation Act was passed to provide protection for workers not based on land. But knowing who qualifies for each type of coverage can be a complex process.
The determination of eligibility for longshore cases does not rest in the hands of the insurance company. Instead, the Department of Labor will decide whether an injury or accident meets the criteria for benefits coverage.
Employees in shipyards and marine terminals in the following roles are often covered by the Longshore and Harbor Workers Compensation Act:
- Winch operators
- Dock workers
- Forklift operators
- Pile drivers
- Warehouse personnel
- Shipbuilders/Shipbreakers
- Harbor construction workers
If you or a loved one has been affected by an event that could result in a longshore workers’ compensation claim, a maritime law incident, or an admiralty law case, reach out to the experience attorneys of Rutter Mills today to learn what next steps to take.
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