The Longshore and Harbor Workers’ Compensation Act (LHWCA)1 protects shipyard and dock workers who are injured on job. Covering those who are not protected by the Jones Act, the LHWCA can provide essential compensation in the aftermath of work-related accidents and injuries.
The Houston maritime injury lawyers at the Amaro Law Firm have extensive experience pursuing LHWCA claims on behalf of injured workers. Resourceful and relentless, our attorneys are ready to discuss your situation and explain your rights.
The Longshore and Harbor Workers’ Compensation Act can protect injured maritime workers, like dock workers, shipbuilders, and others, who aren’t covered by the Jones Act.
Who Is Covered by the Longshore & Harbor Workers Compensation Act?
Various maritime workers are covered by the LHWCA, including (but not limited to):
Ship repair technicians
Ship demolition workers.
Filing an LHWCA Claim: How the LHWCA Works
Understanding the process of filing an LHWCA claim is critical to the success of any claim. By law, these claims:
Must be filed within the statutory deadlines – Generally, LHWCA claims have to be filed within 30 days of the incident that led to the injury. For claims involving occupational diseases (such as mesothelioma), the deadline may be extended to one year. While these deadlines may seem generous, please understand that the longer a worker waits to file an LHWCA claim, the less likely it is that the claim will be approved.
Must proceed through the federal Office of Worker’s Compensation programs – This is distinct from many other workers compensation claims that are processed by state agencies.
Are no-fault claims – The law specifically states that “compensation shall be payable irrespective of fault as a cause for the injury.” This means that, even if a worker contributed to the accident and injuries, (s)he can still qualify for compensation under the LHWCA. It is important to note, however, that the LHWCA does not provide compensation in the event that a worker’s injury resulted from his own intoxication and/or an intention to hurt himself or someone else.
Can be filed by international and domestic workers – Covered workers include civilians and contract workers who are working abroad for the U.S. military or private businesses on the U.S. outer continental shelf.
The attorneys at the Amaro Law Firm can inform you if you qualify to file an LHWCA claim.
Injuries Covered by the LHWCA
Various injuries can prompt an LHWCA claim. These include (and are not limited to):
The LHWCA claims process is often far from automatic. In some cases, it can be a complicated, uphill battle. Challenges commonly arise, for instance, when an insurance company underpays or denies a valid claim.
When this happens, having an experienced lawyer – like an attorney from the Amaro Law Firm – on your side can make all of the difference in whether you are able to:
Effectively stand up to the insurer
Successfully navigate the claim or appeal process
Secure the full amount of compensation to which you are entitled.
Compensation for LHWCA Claims
Compensation for successful LHWCA claims can include (and may not be limited to) damages for:
Medical expenses, such as hospital stays, surgeries, doctors’ office visits, prescription medication and medical equipment – This can cover past and future medical expenses related to treating the injury.
Lost income, both past and future lost earnings
Pain and suffering.
Set Your LHWCA Claim Up for Success: Contact a Houston Maritime & Offshore Injury Lawyer at the Amaro Law Firm
To find out more about how a Houston maritime & offshore injury lawyer at the Amaro Law Firm can help you with an LHCWA claim, call (877) 892-2797 or email our firm. When you set up a free consultation, you can receive helpful legal insight regarding your LHCWA rights and recovery options.
Dedicated and tireless, our attorneys are known for providing exceptional representation and advocacy. Our record of success has earned us 5-star ratings on Google and Facebook.
We provide virtual consultations, and we can travel to meet you if you are unable to visit our office.