Work-based injuries are debilitating and frustrating. Serious injuries require expensive medical treatments and long recovery times that keep you out of work as bills add up. Typically, Texas employees who were injured while working can either receive workers’ compensation benefits to cover medical expenses and lost wages, or file a claim directly. However, injuries that incurred while working on the ocean did not happen within the state, making these workers ineligible for workers’ compensation benefits. If you were injured while performing your work duties on navigable U.S. waters, a Midland Longshore Harbor and Workers’ Compensation Act Lawyer can help you recover the benefits you deserve.
What Is the Longshore and Harbor Workers’ Compensation Act?
Every state in the U.S. has specific requirements to provide compensation to workers who were injured on the job. Since oceans and seas are not part of the state, maritime workers are not covered by workers’ compensation benefits. The Longshore Harbor Workers’ Compensation Act 33 U.S.C. §§ 901–950 was enacted in 1927 to provide compensation to workers injured during the course of employment on the navigable waters of the United States.
The LHWCA provides protection for maritime workers, including ship repairers, shipbuilders, ship-breakers, and harbor construction workers who load and unload vessels. Non-maritime workers may also be covered if they suffer an injury while performing work on navigable waters. Midland workers who are unsure whether they are eligible for coverage should consult with a LHWCA lawyer.
What Types of Benefits Can Workers Get Under the Longshore Act?
The Longshore and Harbor Workers’ Compensation Act was enacted to provide employees compensation for medical care and missed wages due to a work accident. The specific conditions of the accident and the severity of the injury will dictate the types of benefits a worker is eligible for. For example, injured workers can expect to receive compensation for all medical care, including medical, surgical, and hospital treatment and medical supplies. The Act also provides disability payments for temporary and permanent disabilities.
Benefits typically fall into the following categories:
- Temporary total disability payments for an employee who is unable to work after an injury, but will be able to return to the job when the condition improves
- Temporary partial disability payments for an employee who can perform light duty while recovering from injuries
- Permanent total disability for an employee who is permanently impaired from the injury and unable to work in a similar capacity (ex: blindness, total paralysis, or loss of two limbs)
- Permanent partial disability payments for an employee who can return to some form of work but will carry a partial impairment for life
Disabled employees are also eligible for vocational retraining if they can work but are unable to return to the same or a similar job.
Consult with a Longshore & Harbor Worker Accident Lawyer in Midland for Help
Understanding your eligibility for benefits under this federal law can be confusing. A Midland Longshore Harbor and Workers’ Compensation Act lawyer at Schechter Shaffer & Harris can answer your questions about the law and your eligibility for benefits. We understand the requirements of the Act and the difference the available benefits make to you and your family. Maritime work comes with many risks and employees should be fairly compensated when injuries occur. Contact the personal injury attorneys at Schechter Shaffer & Harris to discuss your claim and the benefits you deserve.
