Longshore and Harbor Worker’s Claims
Longshore and Harbor Workers’ Compensation Act
Working on boats or sea vessels can be a labor-intensive and dangerous occupation. Unfortunately, standard workers’ compensation benefits available to Texas workers generally do not apply to those who work on the navigable waterways of the United States because the federal government has jurisdiction over the open waters and over maritime law. And while state programs for worker benefits don’t apply, the government has provided several types of protection for workers on vessels that travel on navigable waterways. One type of protection is found in the Longshore and Harbor Workers’ Compensation Act.
The Longshore and Harbor Workers’ Compensation Act essentially takes the place of state workers’ compensation laws to allow benefits to workers who are injured when performing certain designated maritime activities. This Act, along with the Jones Act and the Death on the High Seas Act, provides comprehensive protection to maritime workers.
However, it’s important to understand the different types of benefits that are available and to ensure that you get the coverage and protection you need. At Simmons and Fletcher, P.C., we have experience representing offshore and harbor workers who experience injuries or damage. Contact us today to learn more about how we can help you!
Who Does the Longshore and Harbor Workers’ Compensation Act Cover?
The Longshore and Harbor Workers’ Compensation Act covers individuals who work on the navigable waterways of the United States or who work on the areas adjoining the navigable waterways of the U.S. This can include those who work on piers, docks, loading terminals, stationary platforms, dry dock areas and oil rigs. However, while the Jones Act provides coverage to individuals who are based on boats or vessels, the Longshore and Harbor Workers’ Compensation Act covers those who are based on shore providing services to offshore.
What Does the Longshore and Harbor Workers’ Compensation Act Cover?
When you make a claim under the Longshore and Harbor Workers’ Compensation Act, your benefits are determined based on an administrative system that is overseen by the U.S. Department of Labor. These benefits can include coverage for medical costs and can include total disability benefits. Such benefits may be partial or temporary. Keep in mind that pain and suffering is not generally covered and you cannot typically file a civil lawsuit to recover against your employer for work-related injuries that occurred while you were performing your duties as a longshoreman.
Let us Help You in a With Your Longshore Claim
If you are a longshoreman or a maritime worker and you are injured while performing your job, it is important that you speak with a maritime lawyer right away. At Simmons and Fletcher, P.C., we can help you to determine whether you should file your claim under the Jones Act or under the Longshore and Harbor Workers’ Compensation Act. Contact us today to schedule a free consultation to learn more!