Because of the unique non-subscriber system that Texas follows, it is not uncommon for employers to refrain from providing their employees with workers’ compensation insurance coverage. If you work specifically in the maritime industry, you may have broadly similar coverage under a piece of federal legislation called the Longshore & Harbor Workers’ Compensation Act (LHWCA). This may provide you with more benefits than even a traditional workers’ comp policy would.
However, successfully filing a claim under the LHWCA without the guidance of a seasoned maritime attorney can be much trickier than you might expect. If you were hurt while working on land in the maritime industry, speak with a Baytown Longshore and Harbor Workers’ Compensation Act lawyer who has the experience to navigate the complexities of your case.
In many respects, the Longshore & Harbor Workers’ Compensation Act is a federally backed equivalent of state-level workers’ compensation coverage explicitly reserved for maritime workers. As with standard comp coverage, an injured worker whose LHCWA claim is accepted should be eligible for full reimbursement of all “reasonable and necessary” medical treatment needed to help return to their pre-injury condition. In addition, this includes all transportation costs related to receiving medical care, ensuring comprehensive coverage for recovery.
LHCWA claimants can petition for reimbursement of two-thirds of wages lost while recovering from an injury that temporarily causes partial or total disability. If a covered injury renders a worker permanently unable to return to their job, a Baytown LHWCA attorney could help seek benefits for permanent partial or permanent total disability, as well as vocational rehabilitation if applicable.
A worker must meet two main criteria to qualify for coverage under the Longshore and Harbor Workers’ Compensation Act, each of which can be deceptively complex in its own way. First, the injured worker must prove that they spend a significant amount of their time performing “maritime” duties that are directly related to the operation of commercial or transportation vessels. Notably, people who only perform administrative or office work for a company in the maritime industry are not covered under the LHWCA.
Second, the worker must show that they perform a significant portion of their job on, near, or adjacent to navigable water, which is generally within a mile or within the confines of property that is fully dedicated to maritime activities, such as a shipyard or port. A qualified Longshore & Harbor Workers’ Compensation Act lawyer in Baytown can provide further support by explaining how the federal Office of Workers’ Compensation Programs defines eligibility for these benefits and what evidence may be necessary to build a successful claim.
Getting fair compensation for your losses from an on-the-job injury can be vital to getting back on your feet as quickly as possible. Unfortunately, even though accidents and injuries are prevalent in the maritime industry, obtaining benefits through the LHWCA can be anything but simple.
You have the power to seek help from a seasoned Baytown Longshore and Harbor Workers’ Compensation Act lawyer throughout every step of the filing process. Call today to discuss your options and take control of your situation.
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