If you were hurt while working in the navigable waters of the U.S. or adjoining areas, you may be eligible for compensation under a federal law called the Longshore Harbor and Workers’ Compensation Act (LHWCA).
An experienced Cypress Longshore Harbor and Workers’ Compensation Act lawyer could explain how this act works and help you fight for the money you deserve. Contact a dedicated maritime injury lawyer from Schechter, Shaffer & Harris today.
Who Is Covered Under the Longshore Act?
Those with the right to seek compensation under the Longshore Harbor and Workers’ Compensation Act include:
- Longshore workers
- Ship repairers
- Shipbuilders and shipbreakers
- Harbor construction workers
To qualify for this coverage, injuries must occur in the navigable waters of the United States or adjoining areas, such as piers, docks, terminals, and wharves. Some maritime workers are excluded from coverage, including government employers or seamen who are already getting compensation under the Jones Act. A Cypress attorney can help individuals determine whether they are covered under the Longshore Harbor and Workers’ Compensation Act during an initial consultation.
Jones Act vs Longshore Harbor and Workers’ Compensation Act
Both the Jones Act and Longshore Harbor and the Workers’ Compensation Act protect maritime workers who sustain injuries on the job. However, they have several important differences.
Covered Individuals
The Jones Act covers seamen who spend more than 30% of their work time on a vessel. Meanwhile, LHWCA also covers people who work near water but not necessarily on boats.
Negligence
To qualify for damages under the Jones Act, the injured party must prove the at-fault party’s negligence. When filing a claim under LHWCA, negligence does not need to be proven. Rather, the person only has to show their injuries were sustained on the job.
Damages
Under the Jones Act, seamen can receive compensation for all types of damages. However, LHWCA, similar to traditional workers’ comp benefits, only allows compensation for medical care and partial lost wages.
A skilled attorney in Cypress could help determine whether the Longshore Harbor and Workers’ Compensation Act or Jones Act applies best and help the injured person file an appropriate claim.
How to File an LHWCA Claim
To claim compensation under the LHWCA act, an employee must send notice to their employer and the U.S. Department of Labor within 30 days from the date their injury was sustained. This can also be 30 days from the day the injury was reasonably discovered.
Failure to send such a notice does not prevent the injured party from filing a claim if the employer knew about the incident. In any case, the claim process will be easier if the notice is sent on time.
Before filing a claim in Cypress, the injured party can benefit from consulting an experienced lawyer about the requirements of filing under the Longshore Harbor and Workers’ Compensation Act. Without legal advice, it can be nearly impossible to recover fair damages.
Discuss the Longshore Harbor and Workers’ Compensation Act with a Cypress Lawyer Today
If you are a maritime worker who sustained injuries on the job, you may be eligible for compensation under LHWCA.
An experienced Cypress Longshore Harbor and Workers’ Compensation Act lawyer from Schechter, Shaffer & Harris could help you obtain fair compensation. Contact us for a free case evaluation today.
