Longshore Claims

As a longshoreman or dock worker, your job can often be strenuous and sometimes even dangerous. Working at docks, bridges, marinas, and harbors makes you vulnerable to work-related accidents. Since you operate heavy machinery at high altitudes, you can easily end up with a life-changing injury.

When injuries do occur, workers may be entitled to benefits and compensation under the Longshore & Harbor Workers Compensation Act. Our competent San Diego personal injury attorneys at Benner Law Firm can help you determine your eligibility to recover financial benefits through this act. Our personal injury law firm has extensive experience in dealing with personal injury and worker’s compensation cases in San Diego County and the surrounding areas.

Call us now and schedule an initial consultation for your personal injury claim.

If you or a loved one were injured in a harbor accident, you should know that you are by law entitled to receive compensation. However, the laws governing longshoremen and harbor workers are extremely complicated. At Benner Law Firm, our knowledgeable San Diego Longshore claims attorney can help you know the rules and regulations for compensating harbor and dock workers injured on the job.

Our personal injury law firm is committed to helping our clients handle personal injury cases involving longshoremen and harbor workers. Our goal is to help injured workers file successful longshore claims. We assist maritime employees who have been hurt get medical care and financial benefits so they can recover to the fullest extent possible. Contact our personal injury law firm now and learn more about your rights.

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal workers’ compensation act that provides benefits for certain types of maritime and civilian employees on military bases worldwide. LHWCA benefits are generally more advantageous to the injured worker, compared with the benefits provided by many state workers’ compensation acts.

The LHWCA aims to minimize the impact of employment injuries and deaths on employees and their families by ensuring that workers’ compensation benefits are provided promptly and properly under the law. This act compensates for lost wages, medical benefits, and rehabilitation services to the longshore, harbor, and other maritime workers who are injured during their employment or who contract an occupational disease related to employment. Financial compensation is provided for the stress and pain endured by the worker. Survivor benefits are also provided if the work-related injury or disease causes the employee’s death. A skilled San Diego Longshore claims lawyer can help you get the benefits you deserve.

Not all maritime workers can apply for LHWCA benefits. A maritime worker must fulfill various requirements to be entitled to LHWCA benefits for their on-the-job injuries. If injured on the job, you must meet the status and situs tests to qualify. A credible San Diego Longshore claims lawyer can help you determine your eligibility for LHWCA compensation.

The Status Test

The status test has to do with the nature of the work that the employee performed for the employer. The LHWCA status test states that at least part of the injured worker’s duties must be related to maritime duties. The LHWCA covers employees in traditional maritime occupations such as longshore workers, ship-repairers, shipbuilders or ship-breakers, and harbor construction workers. Even the drivers and mechanics of the trucks that take shipping containers away from the ships are also entitled to LHWCA because they also contribute to the maritime nature of the business.

Keep in mind that the Longshore Act allows only people who actively engage in maritime employment to obtain benefits. Therefore, dock or marina employees who are doing office or secretarial work do not qualify for benefits under the Longshore Act. Furthermore, the act does not cover specific marina employees, certain recreational water vehicle workers, aquaculture workers, or boat and ship captains and crew.

The Situs Test

The situs test asserts that the employee must work on, near, or next to navigable waters of the United States. Eligible locations include any area that is utilized for loading, unloading, building, repairing, or dismantling a maritime vehicle. This may include piers, docks, terminals, and wharves.

Due to the scale of shipping terminals and shipyards, it can be challenging to determine how far away an employee can be from the water before they may not pass the situs test. However, a useful rule of thumb is that working more than a mile from the water or the edge of the facility probably prevents an employee from getting LHWCA benefits.

The financial effects of a serious accident can easily overwhelm an injured longshoreman, but the Longshore and Harbor Workers’ Compensation Act can help injured maritime workers obtain compensation. A top-ranking San Diego Longshore claims attorney can help you fight for your rights to seek financial compensation while recovering from your workplace injury.

The LHWCA benefits may be available for a permanent total disability, a temporary total disability, a permanent partial disability, or a temporary partial disability. If an injury or condition prevents a longshore or harbor worker from going back to their previous job, they will be entitled to receive vocational rehabilitation to help them find a new type of work. In addition, the LHWCA provides benefits for reasonable and necessary medical costs and transportation costs required to receive medical treatment. 

Longshore claims can be complicated. In some cases, employers and insurance companies look for ways to minimize, delay, or deny payments. Many times, a claims administrator will either deny a claim or approve an amount that does not come close to what the injured worker should receive.

Claims with conflicts are what is fought in court. Conflicts include the amount of compensation, causation, conflicting medical opinions, or the ability to work, among other issues. If this happens to you, it is highly recommended to seek legal advice from a qualified Longshore claims lawyer in San Diego CA to help you appeal the decision. Your lawyer can make sure your claim is managed properly, including filing a written report of your injury with your employer, getting medical care from doctors, and dealing with claims examiners.

Longshoremen, dock workers, and other maritime employees endure arduous physical labor, confront hazardous conditions, and perform dangerous tasks. As a result, they are not only at risk of being injured by the equipment but also from the wear and tear on their bodies that happens over time. This is why they must receive the support they need if they get injured on the job.

If you suffered a serious injury while performing your longshore duties, it is your right to seek compensation from your employer to protect your family and your livelihood. Our experienced San Diego Longshore claims attorneys from Benner Law Firm can help you throughout the claims process. Our personal injury law firm can help you navigate the complicated system of claims administration to ensure you are getting the medical care you need and the benefits you deserve. We have helped countless injured maritime workers to obtain the maximum available compensation for their injuries. We’re here for you every step of the way.

Call us now and schedule an initial consultation with our personal injury law firm.