Longshore and Harbor Workers Compensation Act
Louisiana Longshore and Harbor Workers Compensation Act Attorney
Under the Longshore and Harbor Workers’ Compensation Act (LHWCA), longshoremen, dock workers, and various other qualified employees may 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. This is because we 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 Louisiana Longshore and Harbor Workers Compensation 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).
If the injury contributes to the worker’s death, the LHWCA provides survivor benefits that pay dependents, such as the spouse.
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.).
Even workers who do not fit the traditional “maritime employee” title may receive LHWCA benefits. This is so long as their regular job duties involve work on navigable US waters or on adjacent maritime infrastructure, and their injury occurs while performing such duties.
Mishandling of Benefits
In many cases, opposing parties may deny, excessively delay, or undervalue, a mishandled LHWCA claim. If so, you may challenge the determination and recover the compensation that you deserve. For example, the law requires LHWCA compensation to coincide with the employee’s average weekly wage before the injury.
This calculation may be incomplete if it fails to account for the employee’s promotion halfway through the year. If payout is based off incomplete or incorrect data, then your claim may be undervalued. In this scenario, you are entitled to challenge the lower payout.
Speak to an Experienced Louisiana Longshore and Harbor Workers Compensation Act Attorney
Compensation under the LHWCA may seem straightforward at first glance. However, 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 Louisiana Longshore and Harbor Workers’ Compensation Act 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.