Law Offices of Nooney Roberts Hewett & Nowicki :

THE LONGSHORE ACT AND DOCKWORKERS

There are times when it is not quite apparent which laws are applicable to workers in the marine industry. If a marine worker is hurt on the job and is not a member of the crew of a vessel, there may be other alternatives available to them for obtaining compensation for their injuries. This indicates that longshoremen, dockworkers, and harbor workers do have choices available to them under either state or federal employee compensation legislation.

If you hire an attorney who lacks experience and knowledge of these laws, you could end up with less than what you deserve or nothing at all. Hiring an attorney who will file a claim using the correct laws and procedures can speed up the resolution of your claim and can help obtain the compensation you deserve.  

Longshoremen, harbor workers, and other maritime employees who are injured on a vessel, dock, or land are protected by the Longshore Act and other federal laws. 

The maritime attorneys at Nooney, Roberts, Hewett & Nowicki are familiar with the Longshore Act and other federal laws that apply to them. Because we are familiar with these regulations and have a lot of experience working with them, we are aware of how they may pertain to your situation. 

The Longshore and Harbor Workers' Compensation Act

Many employees around the country are eligible to receive compensation for lost income, medical expenses, and rehabilitation services thanks to the  Longshore and Harbor Workers' Compensation Act, commonly referred to as the Longshore Act. Maritime workers who are not members of the crew of a vessel and who sustain injuries or contract occupational diseases while working United States waters or in adjacent waterfront areas such as docks, piers, marine terminals, or marinas are covered by the Longshore Act. 

Longshoremen, dock workers, and the majority of other workers on the waterfront are protected by the Longshore Act. This includes workers in marinas, men who deliver fuel, bridge builders, ship builders, ship repairmen, lumpers, and the majority of people who are engaged in construction on the waterfront. An injured worker who is eligible for benefits under the Longshore Act will receive those benefits without regard to who was at fault for the injury, just as is the case with state workers' compensation statutes. 

Workers who are awarded benefits under the Longshore Act also have the right to file a third-party lawsuit against the person or company that caused the injuries, even if that person or company was not the victim's employer or co-worker. 

Compensation

The Act provides the following, but not limited to: 

  • The equivalent of two thirds of your typical weekly pay for as long as you are fully and permanently incapacitated. When a person is said to have a permanent and total disability, it indicates that they are completely unable to work. 
  • Two thirds of your typical weekly income will be paid out when you are temporarily unable to work. You are eligible for compensation equal to two-thirds of the difference between your average weekly wage at the time of your injury and your wages following the injury until you reach maximum medical recovery if you are able to return to work but earn less than your average weekly wage at the time of your injury. This compensation will be paid to you until you reach maximum medical recovery. 
  • Medical treatment 
  • Rehabilitation of workers who are permanently unable to do their previous jobs 
  • Compensation for missing bodily parts and organs 

Under the provisions of the Longshore Act, you may be entitled to compensation if you are one of the following types of workers: Harbor workers, stevedores, longshoremen, crane operators, or dock laborers.

Time Limits and Initial Procedure

There is a possibility that additional laws and time limits for submitting a claim will apply. 

Since claims under the Longshore Act can be filed up to a year after the incident that resulted in the injury, it is critical to get legal counsel and representation as soon as possible. It's possible that certain onshore maritime employees might be eligible for workers' compensation through the state. 

To get started on the legal procedure and start recovering money for your injuries, the first and most critical step is to figure out which laws apply to your case and apply them. Having a claim delayed or denied is always a possibility but having an attorney who is familiar with the many requirements of the various laws that apply to the situation can make the difference between getting full and fair compensation in a timely manner and not getting it at all.

You may be eligible for compensation under the Longshore Act or under other maritime laws if you have been hurt as a result of an accident while working in a dry dock, have been hurt as a result of a crane accident while unloading a container ship, or have been hurt while working in the shipbuilding industry.

As soon as possible, get in touch with the attorneys at Nooney, Roberts, Hewett & Nowicki to obtain information on your legal rights. 

Call Nooney, Roberts, Hewett & Nowicki Today!

The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience assisting clients to seek the compensation they rightfully deserve. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our maritime law attorneys! ¡Hablamos español!

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Jacksonville, FL 32207
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