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  • By: Benjamin Helfman
  • Published: January 30, 2025

Navigating the complexities of maritime law while recovering from an injury can feel overwhelming. That’s why having a longshore workers’ injury attorney is crucial.

The legal experts at LTHZ Law specialize in the Longshore and Harbor Workers' Compensation Act (LHWCA), offering guidance to injured maritime workers. From understanding your rights to securing workers’ compensation, they ensure you’re supported every step of the way.

Whether you’re a dockworker, shipbuilder, or harbor construction worker, the LHWCA safeguards your rights and provides essential benefits for workplace injuries. Consulting a specialized attorney not only simplifies the process but also ensures you receive the protection and compensation you deserve.

What is the Longshore and Harbor Workers' Compensation Act (LHWCA)?

The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal law that ensures compensation and medical care for maritime employees injured during the course of their employment. It serves as a lifeline for those working in high-risk environments, offering financial support and medical care while they recover.

This law is distinct from state-level workers' compensation programs, as it specifically addresses injuries and occupational illnesses sustained in maritime settings. From the bustling docks to shipyards, the LHWCA provides a safety net for employees facing the unique hazards of their work environments.

Who is Covered by the LHWCA?

The LHWCA offers coverage to a specific group of workers involved in maritime industries. Eligible individuals include:

  • Longshore workers who are responsible for loading and unloading cargo.
  • Harbor construction workers engaged in building or maintaining maritime facilities.
  • Shipbuilders and repairers who work on vessels not actively navigating.

However, it’s important to note that certain groups, such as seamen covered under the Jones Act or clerical staff, are excluded from LHWCA coverage. Understanding whether you qualify under this law is a critical first step, and a Longshore Workers Injury Attorney can help clarify your eligibility.

Types of Injuries Covered by the LHWCA

The LHWCA doesn’t just cover injuries resulting from sudden accidents like slips, falls, or equipment malfunctions. It also addresses occupational illnesses that develop over time due to workplace conditions. Examples of injuries and illnesses include:

  • Hearing loss caused by prolonged exposure to loud machinery.
  • Respiratory conditions from inhaling toxic fumes or dust.
  • Musculoskeletal injuries from repetitive lifting or awkward postures.

Understanding what constitutes a compensable injury under the LHWCA can be challenging without legal guidance.

Understanding Your Rights

Benefits Available Under the LHWCA

Under the LHWCA, injured workers may receive the following benefits:

  1. Medical Treatment: Full coverage for necessary medical care, including surgeries, prescriptions, and rehabilitation services.
  2. Disability Benefits: Compensation for lost wages due to temporary or permanent disabilities.
  3. Vocational Rehabilitation: Assistance with retraining or job placement if your injury prevents you from returning to your previous role.
  4. Death Benefits: Payments to the dependents of workers who suffer fatal injuries on the job.

Knowing the full extent of your entitlements ensures you’re not leaving benefits on the table.

The Importance of Seeking Legal Counsel

Why do you need a longshore workers' injury attorney? Navigating the intricacies of the LHWCA can be overwhelming.

An experienced attorney at LTHZ Law ensures that your claim is filed correctly, disputes are resolved efficiently, will not be denied of claim, and you receive the maximum benefits you deserve. They act as your advocate, fighting back against insurers who may attempt to minimize your claim.

Time Limits for Filing a Claim

The LHWCA imposes strict deadlines for filing claims. Typically, injured workers must notify their employer within 30 days of the injury and file a formal claim within one year. Missing these deadlines can result in the denial of benefits, making timely action crucial.

The LHWCA Claims Process

Initial Steps After an Injury

After sustaining an injury, your first step should be to report the incident to your employer. Accurate documentation is vital for establishing your claim. Seek medical treatment immediately, even if the injury seems minor, as untreated injuries can worsen over time.

Filing a Claim with the Employer or Insurer

Once your employer is notified, they should file a claim with their workers’ compensation insurer. This claim will initiate the process of determining your eligibility for benefits under the LHWCA.

Common Challenges in LHWCA Claims

Unfortunately, the claims process isn’t always smooth sailing. Common issues include disputes over the extent of injuries, delays in approving medical treatment, and attempts by insurers to undervalue claims.

An experienced attorney at LTHZ Law can address these challenges head-on, ensuring your rights are protected.

Workers' Compensation

Understanding Workers' Compensation Laws

While the LHWCA is a specialized form of workers’ compensation, it shares similarities with state programs. Both systems provide financial and medical support to injured workers, though the LHWCA is tailored to the maritime industry.

Eligibility for Workers' Compensation Benefits

Eligibility for workers' compensation benefits generally hinges on whether the injury occurred during the course of employment. Maritime workers must demonstrate that their injury occurred in navigable waters or adjoining areas like docks or terminals.

Filing a Workers' Compensation Claim

Filing a claim involves submitting detailed documentation, including medical records and incident reports. Precision and thoroughness are key, as incomplete or inaccurate information can delay the process.

Maritime Law

Overview of Maritime Law

Maritime law is a complex area of law that governs activities on and around navigable waters. It encompasses a wide range of legal issues, including:

  • Shipping contracts
  • Admiralty law
  • International maritime law
  • Maritime torts

Jones Act Claims

The Jones Act is a federal law that allows seamen to sue their employers for negligence if they are injured while working on a vessel. To be eligible to file a Jones Act claim, you must:

  • Be a member of the vessel's crew.
  • Have suffered an injury while in the service of the vessel.

Jones Act claims can cover a wide range of injuries, including:

  • Slip and falls
  • Equipment malfunctions
  • Exposure to hazardous substances
  • Accidents involving other vessels

Seaman's Wages and Maintenance

Seamen are entitled to certain rights and benefits under maritime law, including:

  • Wages: Seamen are entitled to be paid for their work, even if they are injured or become ill while at sea.
  • Maintenance and cure: If a seaman becomes ill or injured while in the service of the vessel, the employer is obligated to provide them with food, lodging, and medical care.

Occupational Diseases

Identifying Occupational Diseases

Occupational diseases are illnesses that are caused or aggravated by exposure to hazards in the workplace. Some common occupational diseases include:

  • Asbestosis
  • Mesothelioma
  • Lung cancer
  • Hearing loss
  • Repetitive stress injuries

Proving Causation in Occupational Disease Claims

Proving causation in occupational disease claims can be challenging. You will need to demonstrate a link between your exposure to workplace hazards and your illness. This may require medical evidence, expert testimony, and a thorough investigation of your work history.

Seeking Medical Treatment for Occupational Diseases

If you suspect that you may have an occupational disease, it is important to seek medical attention from a qualified healthcare provider. Early diagnosis and treatment can improve your prognosis and increase your chances of recovering from your illness.

LTHZ Law: Your Longshore Workers Injury Attorney

Leep, Tescher, Helfman, and Zanze (LTHZ Law) are dedicated to fighting for the rights of injured workers in Shasta County. Building upon a long legacy of service, their roots trace back to Ben Leep and Skip Tescher, who began practicing law together decades ago.

Today, LTHZ Law remains committed to protecting injured workers. Our expertise in the LHWCA and deep understanding of maritime law ensure that every client receives the representation they deserve. Contact us today.

Conclusion

Navigating the aftermath of a maritime injury can be overwhelming, but you don’t have to do it alone. A longshore workers' injury attorney serves as your advocate, ensuring you receive the benefits and protections you’re entitled to under the LHWCA.

With expert legal counsel, you can focus on recovery while leaving the complexities of your claim in capable hands.

If you’re in Shasta County, trust LTHZ Law to fight for your rights. With a legacy of dedication and a proven track record, they’re the team you can rely on. Schedule a free consultation today, fill out our client forms, and take the first step toward securing your future.

Attorney Benjamin Helfman is a dedicated California workers’ compensation attorney serving injured workers and employees in Shasta County and beyond. Attorney Helfman brings a wide breadth of experience and deep knowledge to the field of workers’ compensation, aiming to demystify its complex legal procedures to help the injured and disabled understand their rights and secure the financial compensation they deserve.

Connect with the law firm of Leep, Tescher, Helfman and Zanze to stay up to date on workers’ compensation laws and practices in California.

Call For A Free Consultation: - (530) 287-6674.

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