Longshore and Harbor Workers Compensation Act (LHWCA)

LHWCA-What If I?ve Been Injured By a Vessel?
Posted by: rzehl
April 07, 2009

When someone covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA) is injured by a vessel, that individual is entitled to pursue the negligent vessel as a third party. Essentially, if you are hurt by a vessel, you may sue that vessel in order to recover damages under 33 USC § 933 of the LHWCA. In addition, your employer will not be liable to that third party vessel for your damages.

There are a few exceptions to this general rule. First of all, if you were employed by the vessel to provide stevedoring services and your injury stems from the negligence of those aiding you in providing said services, you will not be able to recover against the vessel. Also, if you were employed to provide shipbuilding, repairing or breaking services and your employer was the owner, operator or charterer of the vessel, you will be unable to recover against your employer or his other employees.

In order to navigate the complexities of maritime law, one must be well-versed in several unique areas of law including the Jones Act, LHWCA and the Death on the High Seas Act (DOHSA). The vast majority of attorneys will never handle an offshore injury case. The fact is that most lawyers are ill-equipped to help you.

If you or a loved one has been injured offshore, contact the experienced Texas and Louisiana maritime attorneys at Fitts Zehl by phone (713) 491-6064 or email info@gulfcoastmaritimelawyer.com. We’ll work hard, using our extensive resources and expertise, to recover every penny owed to you by those responsible for your injuries.    

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LHWCA-Filing Your Claim
Posted by: rzehl
November 18, 2008

An employee injured during maritime employment on navigable waters may, under the Longshore and Harbor Workers' Compensation Act (LHWCA), recover medical and disability benefits as well as rehabilitation services from his or her employer. However, in order to recover under the Act, there are certain rules that must be abided. First, an employee has 30 days from the date of his injury to notify his employer. This 30-day deadline also applies in cases involving the development of a disabling condition or disease that is work-related. Second, a formal LHWCA claim must be filed with the Department of Labor no more than one year after the injury. At this point, the employer can take one of two courses of action: he can either begin voluntary payment within 14 days or he can dispute the claim entirely. Any claim dispute will be addressed initially with procedures designed to facilitate settlement. If this approach fails, the Department of Labor will then appoint an Administrative Law Judge (ALJ) to conduct a hearing and render a decision as to the dispute.

If you or someone you love has been injured during maritime employment, contact the experienced Texas maritime attorneys at the Fitts Zehl Law Firm by email at info@gulfcoastmaritimelawyer.com or by phone at (800) 99-FITTS. We represent clients from all over the Gulf Coast including cities like Mobile, New Orleans and Houston.

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LHWCA-Filling the Gap
Posted by: rzehl
June 24, 2008

The Longshore and Harbor Workers' Compensation Act (LHWCA) provides benefits to injured, or ill, maritime workers in cases where the Jones Act or state workers' compensation programs do not apply. The Jones Act only covers 'seamen', while state workers' compensation programs do not cover workers injured while working on navigable waters. The LHWCA was designed to bridge this gap by covering maritime workers who failed to meet Jones Act requirements and who were injured on navigable waters or adjoining areas like a dock, terminal or pier.

The LHWCA provides benefits similar to those provided under workers' compensation. These include medical and disability payments, wrongful death benefits, rehabilitation programs and medical benefits covering any occupational disease resulting from maritime employment. Additionally, the LHWCA does not require any finding of fault on the part of the employer in causing the injury in order to recover.

If you or someone you know was injured offshore, contact the experienced LHWCA lawyers at Fitts Zehl, LLP by email at info@gulfcoastmaritimelawyer.com or by phone at (800) 993-4887.

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LHWCA-Offshore Injury of Non-Seamen
Posted by: rzehl
June 12, 2008

The Longshore and Harbor Workers' Compensation Act (LHWCA) was introduced to cover injured maritime workers who do not meet the definition of a seaman required for compensation under the Jones Act. Benefits under the LHWCA resemble state workers' compensation benefits and include disability payments, rehabilitation services and benefits for the survivors in case of the offshore death of a family member. Importantly, under the LHWCA there is no need to find fault with the employer to receive compensation.

Prior to adoption of the LHWCA, too many injured offshore workers were falling through the gap between state workers' comp law and the Jones Act. These workers included those that build, load, service, and repair ships in addition to other miscellaneous personnel responsible for driving trucks, operating forklifts and handling cargo. As a result they were being denied any benefits for their failure to meet the requisite criteria. The adoption of the LHWCA changed all that and helped to fill the void that had emerged. Under the Act, the Federal Department of Labor administers the benefits.

Workers under the LHWCA are required to notify their employer about any work-related injury or illness within thirty (30) days. In addition, injured employees must file an LHWCA claim for benefits with the Department of Labor within one year after the date of the injury or its diagnosis. Conversely, employers have two weeks (14 days) to either dispute the claim or begin making payments. In case of a dispute, there is a procedure in place to encourage reconciliation of the conflict. If after this procedure there is still no agreement, an administrative law judge (ALJ) under the Department of Labor will conduct a hearing over the matter and render a judgment.

Under the LHWCA it is possible to sue anyone who is responsible for a maritime worker's injury. This includes not only the employer but also any fellow crew member or other entity that may have been at fault in causing the injury in question.

If you or someone you know has been injured offshore, it is imperative that you contact the experienced Texas maritime attorneys of Fitts Zehl, LLP as soon as possible either by email at info@gulfcoastmaritimelawyer.com or toll-free at (800) 993-4887.

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LHWCA-Death Benefits
Posted by: rzehl
January 31, 2008

Surviving Spouse benefits consist of 50% of the average weekly wage for the lifetime of the spouse or until remarriage. In the case of dependant children, death benefits may be raised to two-thirds of the employee's average weekly wage.

Surviving dependant benefits for one child consist of 50% of the average weekly wage. If there is more than one dependant, the maximum benefit of two-thirds of the average weekly wage is paid and shared equally amongst the children. Generally, death benefits cease on the child's 18 ^th birthday but, under certain circumstances, they may continue.

Other relatives may be eligible for death benefits as long as they can demonstrate their financial dependence on the deceased employee.

Funeral expenses may be paid up to $3,000 under the LHWCA.

Contact the experienced Texas maritime attorneys of Fitts Zehl, LLP by email at info@gulfcoastmaritimelawyer.com or toll-free at (800) 993-4887.

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LHWCA-Compensation
Posted by: rzehl
January 31, 2008

Under the Act, there are four categories of disability in which to receive compensation. Injured workers may claim permanent total disability, temporary total disability, permanent partial disability, or temporary partial disability.

Benefits are paid every two weeks and are based on a percentage of the injured employee's average weekly wage prior to the injury. The payment amounts are adjusted every year on the 1 ^st of October and are tied to the national average weekly wage.

Permanent and temporary total disability are calculated using two-thirds of the average weekly wage before injury. Basically, an employee's average weekly wage is his average earnings over the past 52 weeks.

Temporary partial disability is paid at two-thirds of the weekly wage loss, based on the injured employee's loss of earning capacity.

Permanent partial disability payments are to compensate the injured employee for the permanent loss of a body part or function. Compensation for this type of loss is directly tied to a pay-out schedule found in the LHWCA.

Contact the Texas offshore lawyers of Fitts Zehl, LLP by email at info@gulfcoastmaritimelawyer.com or by phone at (800) 993-4887.

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LHWCA-Benefits
Posted by: rzehl
January 31, 2008

Those covered under the Longshore and Harbor Workers Compensation Act are entitled to any reasonably necessary medical care, services, and supplies resulting from the injury. This also includes any travel expenses associated with treatment.

Individuals covered under the Act have the right to choose any physician they wish. However, it is recommended that injured workers contact their local Office of Workers' Compensation Programs and request a list of physicians that are not authorized to render treatment under the LHWCA.

Contact the experienced Houston offshore attorneys at the Fitts Zehl Law Firm by email at info@gulfcoastmaritimelawyer.com or toll-free at (800) 993-4887.

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