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LHWCA Lawyers (Longshore and Harbor Worker’s Compensation Act)

The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides workers’ compensation benefits for maritime workers who are not seamen. It fills the gap between the Jones Act and state workers’ compensation. The compensation system is administered by the Department of Labor (DOL), and injured workers who qualify for coverage are entitled to disability benefits. The right to receive benefits does not depend on a finding that the employer was at fault for the worker’s injuries.

LHWCA covers injuries that occur during maritime employment on the navigable waters of the United States. Maritime employment includes the loading/unloading of vessels, repairing vessels and building a vessel. Navigable waters consist of places beyond where a boat could float and/or places on land that adjoin water. A worker, who is injured on a pier, wharf, dry dock, or terminal, can be eligible for compensation.

LHWCA provides medical and disability benefits, as well as rehabilitation services. The medical services must relate to the injury or illness sustained on the job. Occupational diseases that arise from marine employment are also included (such as chronic illnesses like asbestosis). The Act also provides wrongful death benefits to survivors of a worker who is killed on the job.

Rules for claiming benefits:

  1. You have only 30 days to give your employer notice of the injury.
  2. A formal LHWCA claim for benefits must be filed with the DOL within one year from the date of injury.
  3. An employer can dispute the claim or begin voluntary payment within 14 days of the accident.

The Longshore and Harbor Workers’ Compensation Act also allows an injured worker to sue persons or entities, other than the employer or a co-worker, whom the worker believes to be at fault for his or her injuries. When a worker is injured on a vessel, there may be a claim of negligence against the vessel and its owner, resulting in a Third Party Longshore case.

If you have been injured and would like more information about your rights, then contact our experienced nationwide Longshore Injury Lawyers at the maritime law firm of Schechter, Shaffer & Harris, L.L.P. by email at info@smslegal.com or by phone at (800) 836-5830.

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Case Results

$17,500,000

in Jones Act Deckhand Case

$2,500,000

Recovered in Jones Act Case

$1,600,000

Recovered for Offshore Workers

$1,100,000

Recovered for Worker Injured on Dock

Testimonials

Nadia Amaraz:


“She is such a wonderful caring person and attorney. I had the privilege of having Cynthia Huerta as an attorney and Katie Granger as her assistant in my automobile case. I am very pleased with the services they provided and admire their professional excellence. Cynthia and Katie I want to extend a heart-felt thank you for you commitment for making my case successful.”

John Rodriguez:


“Mr. Shaffer was great, he handled my maritime case fast and effectively. They ensured I received the medical treatment and care that I needed and his team always made me feel at ease. I would hands down recomend Mr. Shaffer and his team to anyone looking for a trustworthy lawyer, this is a man to trust to get the job done.”

J.A. Flores:


“Mr. Harris and his staff did an amazing job! They worked tirelessly to help us get the fairest settlement possible. We are so grateful and appreciative for all they did for us. I cannot recommend them highly enough! They are great!”

Alicia Tate:


“Mr. Harris did a phenomenal job handling my car accident case. He went above & beyond for me. Mr. Harris dealt with my case swiftly. He was always available to take my calls or he returned them promptly. His staff was friendly and always very helpful. Mr. Harris put my mind at ease many times. He kept me in the loop and up to date on what was happening with my case.I reccomemd this law firm to anyone involved in any type of accident.”

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