LHWCA-Filing Your Claim

Posted by: rzehl
November 18, 2008
Topic: Longshore and Harbor Workers Compensation Act (LHWCA)

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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