Longshore Worker Injury Lawyer

Helping Longshore and Harbor Workers Make a Full Financial Recovery After Being Injured on the Job

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 occur, many workers seek compensation through the insurance company. However, these injured workers often find that their needs are not met by the lowball settlements they are offered at first. It is important to remember that injured longshoremen 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 dealing with personal injury and worker’s compensation cases in San Diego County and the surrounding areas. We fight valiantly for our clients, leveraging our experience and knowledge to get the maximum compensation that accident victims deserve.

Call us now at 714-497-2544 and schedule an initial consultation for your personal injury claim.

Why Do I Need a Longshore Claims Attorney in San Diego?

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 incredibly 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.

Going it alone is simply not enough in many workers’ compensation cases. You may face opposition from your employer, the insurance company, and government agencies handling your claim. Furthermore, gathering evidence and submitting a claim can be complicated and time-consuming. Most accident victims do not have the time or energy to gather the documentation necessary to submit an LHWCA claim, and they end up forfeiting the compensation they deserve. Others miss crucial evidence that could mean a higher payout and disability benefits.

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

What Is the Longshore and Harbor Workers’ Compensation Act (LHWCA)?

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal workers’ compensation act that benefits certain maritime and civilian employees on military bases worldwide. LHWCA benefits are generally more advantageous to the injured worker than the disability 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 appropriately under the law. This act compensates injured longshoremen 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.

If you or a loved one has been injured in an accident as a longshore or harbor worker, please know that you don’t have to face this battle alone. You deserve the full benefits under the law, which are usually much more than you would expect. A skilled San Diego Longshore claims lawyer can help you get the benefits you deserve. Call Benner Law Firm today for compassionate attorneys who will listen to your story and give you the attention and representation you need at this challenging time.

What Injuries Are Covered Under the Longshore and Harbor Workers Compensation Act?

Federal law covers injuries received by workers operating as harbor or longshore workers. These jobs are notoriously dangerous, and an insurance company doesn’t always cover all the costs associated with an injury or illness. Even employees who make a mistake or don’t follow procedures accurately may receive compensation for medical treatment, missed time at work, temporary partial disability benefits, death benefits, and more.

Some injuries that commonly occur for longshore and harbor workers include:

• Spinal cord injuries from heavy lifting
• Shoulder injuries
• Broken bones due to falls or falling objects
• Traumatic brain injuries
• Hearing loss
• Amputated fingers, hands, and limbs from machinery malfunctioning or misuse
• Chemical burns
• Occupational diseases, including respiratory illness and cancer
• Burns from workplace fires and explosions

Injured workers should get immediate medical attention and report the incident to their employers. Even seemingly minor injuries can result in long, painful recoveries that reduce your ability to earn income. A Longshore Harbor Workers Compensation Act attorney can help you identify the damages done by your workplace accident and help you maximize your compensation.

Our longshoreman injury attorneys understand the LHWCA and the Defense Base Act, and we regularly get our clients who are longshore works and harbormen the disability and medical benefits they deserve. Call today to learn how you can obtain compensation for your injuries.

Who Can Apply for Benefits Under the LHWCA in San Diego?

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. Understanding the nuances of these laws can be complicated and frustrating. However, you don’t have to do this alone. A credible San Diego Longshore and Harbor claims lawyer can help determine your LHWCA compensation eligibility.

The Status Test

The status test has to do with the nature of the employee’s work 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.

Remember that the Longshore Act allows only people who actively engage in maritime employment to obtain benefits. Therefore, dock or marina employees 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 helpful 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.

What Benefits are Available Under the LHWCA?

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.

Finally, death benefits are available for qualifying surviving family members when someone loses their life on the job. If you are the loved one of a deceased longshoreman or harbor worker, you have our deepest sympathies. We know that no amount of compensation can bring your loved one back or undo the pain you have experienced. However, you deserve financial help in these devastating circumstances. Please reach out to our caring, capable legal team for help recovering death benefits, including lost income, emotional trauma, and funeral expenses.

What Items Are Covered in LHWCA Claims?

Injured longshoremen, construction workers, and others covered by the Longshoreman Harbor Workers Compensation Act often wonder how much compensation they can recover in workers’ compensation claims. Determining the monetary value of a claim depends on many different circumstances and can vary depending on various factors. For example, the severity of the injury, the length of time out of work, and the permanence of the disability all play a role in awarding compensation. Typically, lost wages are awarded according to the national average weekly wage.

Some other items are usually included in an LHWCA claim, including:

• Past and future doctor’s visits
• Hospital charges
• Bills for ambulance and emergency vehicle use
• Surgical procedures
• Specialist visits, including chiropractors
• Lost income, including salaries, wages, and bonuses
• Decreased income-earning capacity
• Disability benefits, which may be temporary or permanent depending on the nature of the injury
• Vocational rehabilitation services
• Past and future pain and suffering
• Loss of enjoyment of life
• Medical equipment, such as a wheelchair
• Renovations to make the home accessible
• Catastrophic injury, such as amputation, paralysis, or other permanent damage
• Death benefits for surviving spouse
• Funeral expenses, within reason

Longshore workers who suffer an accident on the job deserve help covering the expenses of their recovery. Many victims’ families fall behind on payments and even lose their homes when a loved one can no longer provide for the family. The Workers Compensation Act prevents this unnecessary hardship by covering the costs of harbor workers’ medical treatment, lost income, and more. Reach out to our skilled legal team to learn how we can help you take advantage of the benefits you are owed under federal law.

Why Are Non-Economic Damages Important to Injured Workers?

Often, injured workers focus on the immediate costs of their injuries. However, when injuries occur, it is critical to assess the long-term cost. The Defense Base Act, the LHWCA, and other legislation assure victims are entitled to more than compensation for a few medical bills. Non-economic damages, such as pain, suffering, loss of companionship, and more, should be covered in a claim. Longshoreman injury attorneys can help victims determine what benefits to seek and can often recover higher compensation than an insurance company would provide.

Some examples of non-economic damages covered in laws such as the Harbor Workers Compensation Act include:

• Emotional trauma, such as anxiety, depression, and PTSD, that affects the person’s everyday living
• Past and future pain and suffering
• Loss of consortium and companionship for the surviving spouse of an individual who died
• Catastrophic injury, such as in cases where a permanent disability continues to affect the person’s life and will do so in the foreseeable future

Insurance companies often fail to award injured harbor and longshore workers non-economic damages. However, a skilled attorney can negotiate a fair settlement and get you and your family the financial compensation you deserve. Contact Benner Law Firm right away for lawyers who understand the nuances of federal law and will fight to recover damages from your work-related injury.

How Does the Claim Submission Process Work for Longshore Workers?

Anyone who experiences work-related injuries should follow specific steps to ensure their medical treatment meets their needs. Observing a few simple rules can help ensure you get compensation for medical expenses and other costs associated with your work injury. Some of these steps include seeking immediate medical attention, notifying your employer about your incident, keeping track of records, and contacting an attorney right away.

Please remember the following if you experience a work injury as a longshore worker or harbor man:

• Get immediate medical treatment to ensure your injuries do not cause permanent damage. Even people who are severely injured may not notice symptoms of an internal injury or pain that is masked by the adrenaline of the accident. Getting checked by a medical professional is the only way to prevent potential permanent injury or death.
• Keep track of your records. Anytime you visit a doctor, hospital, or specialist or get diagnostic tests, you should keep track of any documentation and billing statements. This will help build your case as you seek compensation in a claim.
• Notify your employer immediately. Even if your employer does not acknowledge responsibility or agree to give you benefits, part of the process is having them aware of the accident. You should also keep documentation of your correspondence with your employer whenever possible.
• Speak with longshoreman injury attorneys to begin the claims process. Your lawyer can help you gather evidence, such as surveillance footage and eyewitness accounts, to establish the truth of what happened in the accident. They can prepare your claim for submission and will fight for you to get the full compensation you deserve for your injuries.

What Should I Do if My Longshore Claim is Denied?

Longshore claims can be complicated. Employers and insurance companies sometimes look for ways to minimize, delay, or deny payments. Often, 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 that you seek legal advice from a qualified Longshore claims lawyer in San Diego, CA, to help you appeal the decision. Your lawyer can ensure 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.

Should You Hire Our San Diego Longshore Claims Lawyer?

Longshoremen, dock workers, and other maritime employees endure arduous physical labor, confront hazardous conditions, and perform dangerous tasks. As a result, they are at risk of being injured by the equipment and from the wear and tear on their bodies over time. This is why they must receive the support they need if they get injured on the job.

If you suffered a severe 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 claims administration system to ensure you get the medical care you need and the benefit payments you deserve. Our longshoreman injury attorneys have helped countless injured maritime workers obtain the maximum compensation for their injuries. We’re here for you every step of the way.

Call us now at 714-497-2544 and schedule an initial consultation with our personal injury law firm.