New York Longshore & Harbor Workers Compensation Act Lawyer
The Longshore and Harbor Workers Compensation Act, (LHWCA), is a federal law that provides benefits for longshoremen, harbor workers, and employees that sustain on-the-job injuries which occur on navigable waters of the United States or in adjoining areas. Adjoining areas may be docks, piers, bridges and/or harbors or areas where boats and ships are loaded, built, and repaired. This federal system allows on-the-job maritime injury victims to secure medical care as well as up to two-thirds of their wages, regardless of fault.
These people take on a huge risk every day just going to work. The dynamics and scope of their occupational duties make their job hazardous. It is not every day that accidents occur under these circumstances, but when they do, the results can be tragic. That is why The Law Offices of Michael S. Lamonsoff, PLLC, carefully reviews all of the elements related to a maritime injury case, including all sources of possible financial recovery. The attorneys here have over a century of experience successfully representing victims, harbor workers, and marine construction workers and are committed to helping their clients get every penny they are entitled to.
What type of workers can file a claim under the LHWCA?
This is a federal law for workers who sustain on-the-job injuries on navigable waters of the United States or in adjoining areas, which may be docks, piers, bridges, etc. This means there are several different workers that may qualify to file a claim under the LHWCA. The LHWCA usually covers most employees in traditional maritime occupations, but some of the most common claims are filed by ship builders and repairmen, maritime construction workers, vessel repair workers, and crane or forklift operators.
What are Longshore Act Extensions?
Longshore Act Extensions are basically congressional acts that extend the coverage of the LHWCA to include some other types of employment. The claims are all handled in exactly the same way with all of the same benefits. There are currently three congressional extensions of the Longshore and Harbors Workers Compensation Act.
What are the three congressional extensions of the LHWCA?
The three Longshore Act Extensions are the Defense Base Act, the Outer Continental Shelf Lands Act, and the Nonappropriated Fund Instrumentalities Act. Each of these extensions apply to different employees for different reasons. For instance, the Outer Continental Shelf Lands Act applies to employees who may be working the Outer Continental Shelf of the United States such as in exploration and development of natural resources.
Does the LHWCA automatically cover all those employees working in harbors and on navigable water?
No, not necessarily it doesn’t. It would be easy to think that it does. However, there are different exclusions that apply to specific situations. The LHWCA excludes certain individuals who are covered by workers’ compensation laws, employees of the U.S. government, seamen, and employees whose injuries were caused solely by their own willful intention to harm themselves or their own intoxication.
What is the Office of Workers Compensation Programs, (OWCP), and what does it do for injured Longshore employees?
The Office of Workers Compensation Programs oversees the four federal workers’ compensation programs. It actually both oversees and administers the Division of Longshore and Harbor Workers Compensation. It maintains records of injuries and reported deaths as well as making sure that all claims are paid in a timely fashion. Additionally, the OWCP helps to resolve disputes through informal hearings and written recommendations.
Does the LHWCA provide for the payment of disability benefits?
To a degree, it does. The Longshore and Harbor Workers Compensation Act provides for payment of four different types of disability depending on the type and severity of the injury. Temporary partial, temporary total, permanent partial, or permanent total disability may be awarded under this statute. The two determining catechisms are whether the disability is temporary or permanent, and whether it is total or partial. It is vital that your attorney is well versed on all subject matters pertaining to LHWCA so that you get the full benefit award that you are entitled to. The Law Offices of Michael S. Lamonsoff, PLLC, has over a century of experience and a proven track record of success fighting for the rights of victims under the Longshore Harbor Workers Compensation Act.
What amount of weekly earnings can I expect under the LHWCA?
Under this statute, victims receive their average weekly rate of pay based on their Average Weekly Wage at the time of injury. There are several different ways to determine the Average Weekly Wage, but in the end, the number is equal to an employee’s annual earnings divided by fifty-two weeks.
How long can I receive compensation for my work related injury?
Typically, you will receive compensation as long as the disability continues. However, there are always some exceptions to the rules. Temporary partial disability benefits cannot exceed five years under this statute, and permanent partial disability benefits are always limited to a fixed number of weeks. It is advisable to provide the requested medical documentation as soon as possible to avoid an interruption in benefits.
What medical benefits are paid under the LHWCA?
The LHWCA pays for any reasonable and necessary medical benefits that are required as a direct result of the work-related injury. Some of these services include, but are not limited to prescriptions, diagnostic tests, physical therapy, prostheses and even attendant care if necessary. The cost of travel for any of these treatments is also payable or reimbursable under this act.
Call a New York Longshore Harbor Workers’ Compensation Act attorney with years of experience
The Law Offices of Michael S. Lamonsoff, PLLC has extensive experience and a proven track record of success representing victims of the Longshore Harbor Workers Compensation Act in New York. Our highly skilled attorneys work closely with experts in the field to meticulously investigate while preparing and presenting the strongest argument available so you can recover the deserved amount of financial compensation in your case. If you sustained a serious injury while at work or performing the necessary duties of your maritime job in navigable waters, The Law Offices of Michael S. Lamonsoff, PLLC will fight for your rights as a victim and represent your best interests so that you can concentrate on recovering from your injury. As Longshore and Harbor Workers Compensation Act attorneys, we are here for you and will protect the rights of any victim of an on-the-job accident in navigable waters. You can call the toll free number at (877) 675-4529 to set up your initial consultation, or fill out our consultation request form and we will get in touch with you shortly.