Longshore and Harbor Workers Compensation Act
Alexandria Maritime Injury Attorney
Under the Longshore and Harbor Workers’ Compensation Act (LHWCA), longshoremen, dock workers, and various other qualified employees are entitled to receive benefits to compensate them for their lost wages, medical expenses, and rehabilitation expenses in the event they suffer an on-the-job injury.
Attorney Walter Gabriel has litigated challenging disputes in a variety of arenas, as a prosecutor and as a plaintiff’s-side attorney. These experiences provide a significant competitive advantage, as we are comfortable under pressure and are able to persuasively advocate for a position even when the opposing side has substantial resources at their disposal. Contact the Law Firm of Walter Gabriel, LLC for comprehensive assistance with your LHWCA dispute.
Available Compensation Under the Act
The LHWCA entitles injured workers to:
- Temporary or permanent disability benefits (total/partial);
- Compensation for reasonable and necessary medical treatment (with a physician of their choice); and
- Compensation for vocational rehabilitation services that help the employee return to gainful employment (i.e., counseling, retraining, job placement assistance, and more).
In the event that the injury or illness contributes to the worker’s death, the LHWCA provides for survivor benefits to be paid out to certain qualified dependents, such as the surviving spouse of the deceased worker.
Who is Eligible to Receive Compensation?
Generally speaking, the employees covered by the LHWCA include any non-seamen (such as longshoremen, shipbuilders, repairmen, cargo loading workers, and harbor construction workers) who suffer an injury that occurred on navigable US waters, or on adjacent areas that are used for loading and unloading ships (i.e., piers, docks, ship terminals, etc.).
It’s worth noting that even workers who do not fit the traditional “maritime employee” perception are entitled to receive benefits under the LHWCA, so long as their regular job duties involve work on navigable US waters or on adjacent maritime infrastructure, and they are injured while performing such duties.
Mishandling of Benefits
In many cases, a legitimate LHWCA claim may be denied, excessively delayed, undervalued, or otherwise mishandled. If so, you are entitled to challenge the determination and recover the compensation that you are owed.
For example, compensation under the LHWCA requires that disability benefits be paid out with reference to the employee’s average weekly wage prior to the injury. This wage calculation may not be complete if it does not account for the fact that the employee was promoted halfway through the year. If the payout is based off incomplete data, or data that incorrectly represents your “true” wage, then your benefits claim may be undervalued, and you are entitled to challenge the lower payout.
Speak to an Experienced Alexandria Maritime Injury Attorney at the Law Firm of Walter Gabriel, LLC for Guidance
Though compensation under the LHWCA may seem straightforward at first glance, complications relating to your claim could lead to an unexpected denial and leave you in a vulnerable position. We can help.
The Law Firm of Walter Gabriel, LLC is a personal injury firm representing the interests of those who have suffered harm in a variety of scenarios, including injuries/illnesses that affect the ability of longshoremen, dock workers, and other maritime employees to perform the regular duties of their job.
If you’d like to speak to a skilled Alexandria maritime injury attorney about your LHWCA benefits claim, we encourage you to call the Law Firm of Walter Gabriel, LLC at 318-445-2121 or send us a message online. Consultation is free and confidential.