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Your Rights as a Longshoreman

If you or a loved one works as a longshoreman, you already know that such workers face risks that simply aren’t present in most other industries. From hand-lifting cargo and operating heavy machinery to working in an environment where weather hazards can be especially severe, life on the docks can hardly be considered easy. Since longshoremen operate under maritime law, it can be confusing to determine what one’s rights are after an accidental injury on the job.

In this article, we’ll talk a bit about who can be considered a longshoreman, what kinds of laws protect these specialized workers, and what your rights are under those laws. We’ll also show you how having the right legal counsel for your injury case can make all the difference.

Rights as a Longshoreman

Who Qualifies as a Longshoreman?

A longshoreman is generally defined as any individual employed to load and unload ships in port. Depending upon the type of cargo a given ship is carrying, a longshoreman might lift crates by hand or use heavy equipment like forklifts and cranes to load and unload assets.

In addition to the moving of cargo, longshoremen may also be tasked with tying shipping containers together (lashing), assisting passengers with luggage on cruise ships, keeping track of manifests, signaling for communications, etc. In essence, teams of longshoremen will do whatever it takes to make sure ships pick up and drop off exactly what they need to while they’re in port.

The Longshore and Harbor Worker’s Compensation Act

The Longshore and Harbor Worker’s Compensation Act (LHWCA) is the section of maritime law that specifically covers the legal rights and compensation benefits of longshoremen. The LHWCA also covers the rights of anyone who works in or around the harbor, including shipbuilders and repairmen who work on the docks rather than on the water. This particular act is meant to bridge the gap between the Jones Act and standard worker’s compensation benefits.

In maritime law, the LHWCA is distinct from the Jones Act, which covers the rights of seamen working on a ship in open water. Under the Jones Act, claims are filed with the appropriate court. Under the Longshore and Harbor Worker’s Compensation Act, claims are filed directly with the U.S. Department of Labor.

Your Rights Under the LHWCA

The Longshore and Harbor Worker’s Compensation Act provides you, as a longshoreman, with a set of valuable legal rights intended to protect you in the case of injury or fatality.

  • If you are injured on the job, you are entitled to receive compensation to cover medical bills and at least part of your usual income (maintenance and cure, in maritime law).
  • Depending upon the details of the claim, you may also have the right to coverage for physical therapy and/or other rehabilitation services.
  • If you’ve been injured on the job due to negligence on the part of someone who was not your employer, you are allowed to file a third-party claim for further damages.
  • If, in the worst case scenario, you are killed while working as a longshoreman, your family will be entitled to receive compensation benefits to help support them in your absence.
  • In all of these cases, you have the inherent right to hire a trusted local maritime lawyer to assist with your case and help you get the best possible outcome.

When you need to claim benefits under the Longshore and Harbor Worker’s Compensation Act, you have 30 days from the date of injury to notify your employer that you’ve been injured. You must also file your LHWCA claim within a year from the date of your injury in order to receive benefits. Your employer will have 14 days from the date of notice to either begin paying your benefits voluntarily or dispute your claim.

Legal Counsel in an LHWCA Case

The Benefits of Legal Counsel in an LHWCA Case

As with any other type of claim, the benefits of having a strong legal representative on your side cannot be understated. An experienced local maritime attorney will not only have an intimate knowledge of your rights as outlined by the Longshore and Harbor Worker’s Compensation Act, but will also know exactly how to get you the compensation you deserve for your injuries.

A good maritime law attorney will be able to help you with various aspects of your case, such as the following:

  • Filling out your claim (what information to include, etc.)
  • Filing your claim with the U.S. Department of Labor
  • Determining what benefits you may be eligible to receive and how much coverage you’ll require
  • Representing you and fighting for the coverage you deserve, should you be offered less than you need
  • Managing and reducing stress and paperwork related to your case

Whether you need basic coverage for medical expenses incurred during treatment for a broken bone or require long-term disability benefits for a serious, life-changing injury that threatens the financial security of your family, a knowledgeable maritime attorney will be able to help you navigate your case and fight on your behalf to get the money you need to pay your bills and support your family.

Need Someone to Defend Your Rights? Our Local Maritime Attorneys Are Experts in Maritime Law

As a BBB accredited business and a leader in maritime law, Schechter, McElwee, Shaffer & Harris, LLP has helped hundreds of injured seamen, longshoremen, and other maritime workers seek the compensation they deserve after being injured in an accident. Our expertise and success in maritime law cases have led to features by respected media outlets like Bloomberg, CNN, MSNBC, Newsweek, and others.

Local Maritime Attorneys

We’ve recovered hundreds of millions of dollars for our clients, in a variety of cases, including those involving employer neglect, safety failures, PTSD, hearing loss, and more. We’re not afraid to go up against big names, as we’ve sued multi-million dollar companies like BP, Phillips 66, and Transocean.

If you are a Texas maritime worker who is covered by the Longshore and Harbor Worker’s Compensation Act and you’ve been injured in a workplace accident, it’s time to get an experienced attorney on your side. To learn more about what we can do for you or ask any questions you may have about your rights, call (888) 297-4553 at any time day or night to schedule your completely free case evaluation with one of our local maritime lawyers.

Longshore and Harbor Workers Compensation Act

Sources

  1. https://raymondduke.com/blog/who-are-longshoremen-what-do-they-do-your-questions-answered
  2. https://resources.lawinfo.com/admiralty-maritime/what-is-a-longshoreman-and-how-are-a-longshor.html
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Contact our experienced maritime attorneys to see if you have a case.

 
 
 
 
 

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Your Rights as a Longshoreman

If you or a loved one works as a longshoreman, you already know that such workers face risks that simply aren’t present in most other industries. From hand-lifting cargo and operating heavy machinery to working in an environment where weather hazards can be especially severe, life on the docks can hardly be considered easy. Since longshoremen operate under maritime law, it can be confusing to determine what one’s rights are after an accidental injury on the job.

In this article, we’ll talk a bit about who can be considered a longshoreman, what kinds of laws protect these specialized workers, and what your rights are under those laws. We’ll also show you how having the right legal counsel for your injury case can make all the difference.

Rights as a Longshoreman

Who Qualifies as a Longshoreman?

A longshoreman is generally defined as any individual employed to load and unload ships in port. Depending upon the type of cargo a given ship is carrying, a longshoreman might lift crates by hand or use heavy equipment like forklifts and cranes to load and unload assets.

In addition to the moving of cargo, longshoremen may also be tasked with tying shipping containers together (lashing), assisting passengers with luggage on cruise ships, keeping track of manifests, signaling for communications, etc. In essence, teams of longshoremen will do whatever it takes to make sure ships pick up and drop off exactly what they need to while they’re in port.

The Longshore and Harbor Worker’s Compensation Act

The Longshore and Harbor Worker’s Compensation Act (LHWCA) is the section of maritime law that specifically covers the legal rights and compensation benefits of longshoremen. The LHWCA also covers the rights of anyone who works in or around the harbor, including shipbuilders and repairmen who work on the docks rather than on the water. This particular act is meant to bridge the gap between the Jones Act and standard worker’s compensation benefits.

In maritime law, the LHWCA is distinct from the Jones Act, which covers the rights of seamen working on a ship in open water. Under the Jones Act, claims are filed with the appropriate court. Under the Longshore and Harbor Worker’s Compensation Act, claims are filed directly with the U.S. Department of Labor.

Your Rights Under the LHWCA

The Longshore and Harbor Worker’s Compensation Act provides you, as a longshoreman, with a set of valuable legal rights intended to protect you in the case of injury or fatality.

  • If you are injured on the job, you are entitled to receive compensation to cover medical bills and at least part of your usual income (maintenance and cure, in maritime law).
  • Depending upon the details of the claim, you may also have the right to coverage for physical therapy and/or other rehabilitation services.
  • If you’ve been injured on the job due to negligence on the part of someone who was not your employer, you are allowed to file a third-party claim for further damages.
  • If, in the worst case scenario, you are killed while working as a longshoreman, your family will be entitled to receive compensation benefits to help support them in your absence.
  • In all of these cases, you have the inherent right to hire a trusted local maritime lawyer to assist with your case and help you get the best possible outcome.

When you need to claim benefits under the Longshore and Harbor Worker’s Compensation Act, you have 30 days from the date of injury to notify your employer that you’ve been injured. You must also file your LHWCA claim within a year from the date of your injury in order to receive benefits. Your employer will have 14 days from the date of notice to either begin paying your benefits voluntarily or dispute your claim.

Legal Counsel in an LHWCA Case

The Benefits of Legal Counsel in an LHWCA Case

As with any other type of claim, the benefits of having a strong legal representative on your side cannot be understated. An experienced local maritime attorney will not only have an intimate knowledge of your rights as outlined by the Longshore and Harbor Worker’s Compensation Act, but will also know exactly how to get you the compensation you deserve for your injuries.

A good maritime law attorney will be able to help you with various aspects of your case, such as the following:

  • Filling out your claim (what information to include, etc.)
  • Filing your claim with the U.S. Department of Labor
  • Determining what benefits you may be eligible to receive and how much coverage you’ll require
  • Representing you and fighting for the coverage you deserve, should you be offered less than you need
  • Managing and reducing stress and paperwork related to your case

Whether you need basic coverage for medical expenses incurred during treatment for a broken bone or require long-term disability benefits for a serious, life-changing injury that threatens the financial security of your family, a knowledgeable maritime attorney will be able to help you navigate your case and fight on your behalf to get the money you need to pay your bills and support your family.

Need Someone to Defend Your Rights? Our Local Maritime Attorneys Are Experts in Maritime Law

As a BBB accredited business and a leader in maritime law, Schechter, McElwee, Shaffer & Harris, LLP has helped hundreds of injured seamen, longshoremen, and other maritime workers seek the compensation they deserve after being injured in an accident. Our expertise and success in maritime law cases have led to features by respected media outlets like Bloomberg, CNN, MSNBC, Newsweek, and others.

Local Maritime Attorneys

We’ve recovered hundreds of millions of dollars for our clients, in a variety of cases, including those involving employer neglect, safety failures, PTSD, hearing loss, and more. We’re not afraid to go up against big names, as we’ve sued multi-million dollar companies like BP, Phillips 66, and Transocean.

If you are a Texas maritime worker who is covered by the Longshore and Harbor Worker’s Compensation Act and you’ve been injured in a workplace accident, it’s time to get an experienced attorney on your side. To learn more about what we can do for you or ask any questions you may have about your rights, call (888) 297-4553 at any time day or night to schedule your completely free case evaluation with one of our local maritime lawyers.

Longshore and Harbor Workers Compensation Act

Sources

  1. https://raymondduke.com/blog/who-are-longshoremen-what-do-they-do-your-questions-answered
  2. https://resources.lawinfo.com/admiralty-maritime/what-is-a-longshoreman-and-how-are-a-longshor.html
Jones Act Lawyer

tbls

We have board certified personal injury trial lawyers prepared to take on your case. Details

 

bbb

Newsweek Leaders in Maritime
FREE confidential case Evaluation
Contact our experienced maritime attorneys to see if you have a case.

 
 
 
 
 

* Please be aware that your submission of this contact form does not establish an attorney-client relationship.

Jones Act Lawyer

tbls

We have board certified personal injury trial lawyers prepared to take on your case. Details

 

bbb

Newsweek Leaders in Maritime
Recently
Filed Cases

Your Rights as a Longshoreman

If you or a loved one works as a longshoreman, you already know that such workers face risks that simply aren’t present in most other industries. From hand-lifting cargo and operating heavy machinery to working in an environment where weather hazards can be especially severe, life on the docks can hardly be considered easy. Since longshoremen operate under maritime law, it can be confusing to determine what one’s rights are after an accidental injury on the job.

In this article, we’ll talk a bit about who can be considered a longshoreman, what kinds of laws protect these specialized workers, and what your rights are under those laws. We’ll also show you how having the right legal counsel for your injury case can make all the difference.

Rights as a Longshoreman

Who Qualifies as a Longshoreman?

A longshoreman is generally defined as any individual employed to load and unload ships in port. Depending upon the type of cargo a given ship is carrying, a longshoreman might lift crates by hand or use heavy equipment like forklifts and cranes to load and unload assets.

In addition to the moving of cargo, longshoremen may also be tasked with tying shipping containers together (lashing), assisting passengers with luggage on cruise ships, keeping track of manifests, signaling for communications, etc. In essence, teams of longshoremen will do whatever it takes to make sure ships pick up and drop off exactly what they need to while they’re in port.

The Longshore and Harbor Worker’s Compensation Act

The Longshore and Harbor Worker’s Compensation Act (LHWCA) is the section of maritime law that specifically covers the legal rights and compensation benefits of longshoremen. The LHWCA also covers the rights of anyone who works in or around the harbor, including shipbuilders and repairmen who work on the docks rather than on the water. This particular act is meant to bridge the gap between the Jones Act and standard worker’s compensation benefits.

In maritime law, the LHWCA is distinct from the Jones Act, which covers the rights of seamen working on a ship in open water. Under the Jones Act, claims are filed with the appropriate court. Under the Longshore and Harbor Worker’s Compensation Act, claims are filed directly with the U.S. Department of Labor.

Your Rights Under the LHWCA

The Longshore and Harbor Worker’s Compensation Act provides you, as a longshoreman, with a set of valuable legal rights intended to protect you in the case of injury or fatality.

  • If you are injured on the job, you are entitled to receive compensation to cover medical bills and at least part of your usual income (maintenance and cure, in maritime law).
  • Depending upon the details of the claim, you may also have the right to coverage for physical therapy and/or other rehabilitation services.
  • If you’ve been injured on the job due to negligence on the part of someone who was not your employer, you are allowed to file a third-party claim for further damages.
  • If, in the worst case scenario, you are killed while working as a longshoreman, your family will be entitled to receive compensation benefits to help support them in your absence.
  • In all of these cases, you have the inherent right to hire a trusted local maritime lawyer to assist with your case and help you get the best possible outcome.

When you need to claim benefits under the Longshore and Harbor Worker’s Compensation Act, you have 30 days from the date of injury to notify your employer that you’ve been injured. You must also file your LHWCA claim within a year from the date of your injury in order to receive benefits. Your employer will have 14 days from the date of notice to either begin paying your benefits voluntarily or dispute your claim.

Legal Counsel in an LHWCA Case

The Benefits of Legal Counsel in an LHWCA Case

As with any other type of claim, the benefits of having a strong legal representative on your side cannot be understated. An experienced local maritime attorney will not only have an intimate knowledge of your rights as outlined by the Longshore and Harbor Worker’s Compensation Act, but will also know exactly how to get you the compensation you deserve for your injuries.

A good maritime law attorney will be able to help you with various aspects of your case, such as the following:

  • Filling out your claim (what information to include, etc.)
  • Filing your claim with the U.S. Department of Labor
  • Determining what benefits you may be eligible to receive and how much coverage you’ll require
  • Representing you and fighting for the coverage you deserve, should you be offered less than you need
  • Managing and reducing stress and paperwork related to your case

Whether you need basic coverage for medical expenses incurred during treatment for a broken bone or require long-term disability benefits for a serious, life-changing injury that threatens the financial security of your family, a knowledgeable maritime attorney will be able to help you navigate your case and fight on your behalf to get the money you need to pay your bills and support your family.

Need Someone to Defend Your Rights? Our Local Maritime Attorneys Are Experts in Maritime Law

As a BBB accredited business and a leader in maritime law, Schechter, McElwee, Shaffer & Harris, LLP has helped hundreds of injured seamen, longshoremen, and other maritime workers seek the compensation they deserve after being injured in an accident. Our expertise and success in maritime law cases have led to features by respected media outlets like Bloomberg, CNN, MSNBC, Newsweek, and others.

Local Maritime Attorneys

We’ve recovered hundreds of millions of dollars for our clients, in a variety of cases, including those involving employer neglect, safety failures, PTSD, hearing loss, and more. We’re not afraid to go up against big names, as we’ve sued multi-million dollar companies like BP, Phillips 66, and Transocean.

If you are a Texas maritime worker who is covered by the Longshore and Harbor Worker’s Compensation Act and you’ve been injured in a workplace accident, it’s time to get an experienced attorney on your side. To learn more about what we can do for you or ask any questions you may have about your rights, call (888) 297-4553 at any time day or night to schedule your completely free case evaluation with one of our local maritime lawyers.

Longshore and Harbor Workers Compensation Act

Sources

  1. https://raymondduke.com/blog/who-are-longshoremen-what-do-they-do-your-questions-answered
  2. https://resources.lawinfo.com/admiralty-maritime/what-is-a-longshoreman-and-how-are-a-longshor.html
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Maritime Injury Lawyers

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Board Certified Attorneys

We are maritime injury attorneys that have recovered millions for our injured clients. We have always been a strong advocate for maritime personal injury victims and the families of those who are killed while working in service of a vessel or under the Jones Act law. Our concern is for the safety of those involved and helping their families find out the whereabouts and conditions of their loved ones.

These are some of the diverse groups of injured workers we have represented:

  • Jones Act seamen
  • Workers on oil rigs, offshore platforms and jack-up rigs
  • Crews and workers on barges, supply boats, tankers, freighters and other vessels

The list is by no means comprehensive. If you are unsure whether you qualify as a Jones Act seamen or whether you might be covered by other maritime regulations, it’s vital that you contact our maritime lawyers today to learn about your rights.

We have represented workers and their families in the following disasters:

  • Deepwater Horizon Disaster
  • M/V Jillian Morrison Explosion
  • Bouchard Transportation Co. Inc. Barge B No. 125 Explosion
  • British Petroleum Texas City Refinery Explosion
  • Phillips 66 Refinery Explosion

The team of Jones Act attorneys and maritime lawyers at SMSH have over 100 years of combined trial experience. Contact our Jones Act lawyers today for a free, confidential case evaluation.

Why Hire the Worldwide Jones Act, Offshore & Maritime Injury Lawyers at Schechter, McElwee, Shaffer and Harris?

The Jones Act and maritime injury lawyers at Schechter, McElwee, Shaffer and Harris have spent more than five decades representing seamen, longshoremen and other maritime workers, and recovered millions of dollars for our clients. SMSH has always been a strong advocate for maritime personal injury victims and the families of those who are killed while working in service of a vessel. Our concern is for the safety of those involved and helping their families find out the whereabouts and conditions of their loved ones, as well as recovering the compensation they are entitled to for injuries, medical bills and other damages.

Here are some of the reasons why thousands of injured maritime workers have chosen Schechter, McElwee, Shaffer and Harris to represent their interests:

  • We have recovered over $620 million dollars for offshore and maritime workers, including recovery of $17.5 million in the largest Jones Act settlement ever paid by the United States government.
  • Each of our Jones Act attorneys and maritime injury lawyers has more than 25 years of experience, with total of more than 100 years of trial experience for the team.
  • Our maritime injury lawyers have represented clients in some of the nation’s worst maritime and refinery disasters, including: the Deepwater Horizon explosion; the M/V Jillian Morrison explosion; the Bouchard Transportation Co. Inc. Barge B No. 125 explosion; the British Petroleum Texas City Refinery explosion; and the Phillips 66 Refinery explosion.
  • As dedicated maritime injury and Jones Act attorneys, we understand the financial difficulties that families often face when a loved one is injured and unable to work. Schechter, McElwee, Shaffer and Harris offers interest free loans to assist our clients with day-to-day living expenses while waiting for the conclusion of their case.
  • Our attorneys provide assistance to maritime, offshore and port workers across the United States.
  • We have board certified Personal Injury Trial lawyers.
 

The Maritime Attorney Difference

Maritime and offshore accidents fall under a different set of laws than other personal injury or workers’ compensation claims. There are specific maritime laws that govern claims, including the Jones Act, the Longshoremen and Harbor Workers’ Compensation Act and general maritime laws. To receive the full protections these laws offer, it’s crucial to have an attorney who understands the complexities of each. If you’ve been injured while working on a vessel, offshore or in one of the nation’s many ports, contact the Jones Act attorneys at Schechter, McElwee, Shaffer and Harris today for a free consultation.
Our experienced offshore injury lawyers have handled cases throughout the Gulf of Mexico coastal region of Texas, Louisiana, Mississippi, Alabama and Florida, and represented clients from all 50 states of the United States. We have years of experience representing the crew working on inland waters such as the Mississippi River, Ohio River, Kentucky River, the Great Lakes, Lake Michigan, Lake Superior, Lake Huron, and many more. We have also handled cases worldwide in countries as far away as the Ukraine and Israel. We routinely represent clients from the Central American countries of Honduras, El Salvador, and Nicaragua. We have also made claims for clients from Columbia, Venezuela, Bangladesh, The Philippines, Romania, Croatia, England, Ireland, Spain, The Netherlands, Russia, China, Mexico, and Brazil.

Time is of the Essence

If you or a member of your family has been seriously injured or killed as the result of an offshore accident, please speak to a qualified maritime lawyer before talking to your employer or any insurance company or adjuster. If you work on a vessel, boat, barge, tanker, fishing boat, an offshore drilling rig or platform, or any other kind of ship, you may qualify for Jones Act compensation. Working in, on, or near water means you need the specially-trained legal assistance of the Board Certified maritime lawyers of Schechter, McElwee, Shaffer & Harris, L.L.P.

A few small tidbits of advice for the injured offshore worker:

  1. Fill out an accident report or incident paperwork as soon as possible after your injury.
  2. If your employer gives you any paperwork to sign, have it reviewed by a competent maritime lawyer so you don’t waive your rights to more money.
  3. Do not give a recorded statement to anyone without first seeking legal counsel.
  4. Do not accept the word of a company doctor as to the extent of your injuries, seek out your own doctor for a second-opinion.
We are Worldwide Jones Act attorneys and Maritime lawyers with over 100 years combined experience in Maritime Personal Injury Cases and we have handled thousands of cases. Your initial consultation for your maritime accident case is FREE. You pay us nothing unless we win your case and get you money. Call a maritime lawyer NOW at 1-800-836-5830 or e-mail us at info@smslegal.com.

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Recent Successful Cases

$17.5 Million in Jones Act Deckhand Case

 

In March 2008, our client was employed as a deckhand in a shipyard. He suffered a head injury.

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$2.5 Million Recovered in Jones Act Case

 

While on stern of tug attempting to hook up a barge, the “L” line became tight, broke, hit our client,

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$1.6 Million Recovered for Offshore Workers

 

On April 20, 2007, while working as blasters, painting an offshore rig on a platform, our two clients injured

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