His clients call Michael Lamonsoff “The Bull” because he never stops fighting for them. Thanks to “The Bull” and his team of top-rated litigators, the Law Offices of Michael S. Lamonsoff, PLLC., is consistently rated as one of the top personal injury law firms in New York City.
Compensation for injured longshoremen and harbor workers
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. This is where a team of New York personal injury lawyers can help. 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.
At the Law Offices of Michael S. Lamonsoff, PLLC, we carefully review all of the circumstances 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 full compensation for all of their losses.
Who can file a claim under the LHWCA?
Because this law applies to workers who are injured on the job in areas such as piers, docks and shipyards, as well as at sea, many different categories of workers can file a claim if they are injured at work. In addition to employees working in traditional maritime occupations, claims under LHWA are often filed by shipbuilders and repairmen, maritime construction workers, vessel repair workers, and crane or forklift operators. Non-maritime employees may also be eligible to file a claim if they performed their work on navigable water and their injuries occur there.
In addition, Congress has extended LHWCA to apply to workers acting in some additional forms of employment. These claims are all handled in exactly the same way with all of the same benefits.
The three Longshore Act Extensions enacted by Congress are the Defense Base Act Extension, the Outer Continental Shelf Lands Act Extension, and the Nonappropriated Fund Instrumentalities Act Extension. Each of these extensions apply to different categories of employees.
The Defense Base Act Extension
allows LHWCA claims by a wide variety of non-military U.S. defense workers, including those who work for private employers on U.S. military bases or those who work on U.S. funded contracts on foreign soil.
The Outer Continental Shelf Lands Act Extension
covers employees working on the Outer Continental Shelf of the United States in the exploration and development of natural resources, such workers on off-shore drilling rigs.
The Nonappropriated Fund Instrumentalities Act Extension
permits claims by workers employed in enhancing the physical and emotional well-being of the U.S. armed forces who are not United States employees, such as workers at military recreational facilities or military base exchanges.
What medical benefits are paid under the LHWCA?
The Longshore and Harbor Workers’ Compensation Act provides for payment of 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.
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 (masters or members of the crew of any vessel), and employees whose injuries were caused solely by their own willful intention to harm themselves or their own intoxication.
What disability benefits are available from LHWCA?
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. Under the Act, an injury can be considered to be one of four types: temporary partial, temporary total, permanent partial, or permanent total disability. The amount and extent of disability payments will vary depending the category into which your injury falls.
The two determining factors are whether the disability is determined to be temporary or permanent, and whether it is total or partial. To make certain that you get the full benefit that you are entitled to, you should be careful to hire an attorney who understands exactly the requirements and restrictions of LHWCA recovery.
The attorneys at the Law Offices of Michael S. Lamonsoff, PLLC, have 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.
Contact the Law Offices of Michael S. Lamonsoff for help with your longshore or harbor injury claim
The attorneys from the Law Offices of Michael S. Lamonsoff, PLLC have extensive experience and a proven track record of success representing victims of the Longshore Harbor Workers’ Compensation Act in New York. Our experienced lawyers 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 or around navigable waters, call the Law Offices of Michael S. Lamonsoff, PLLC, immediately. Our experienced LHWCA attorneys are dedicated to fighting for the rights of victims and ensuring that they receive the compensation that they deserve for their injuries. We invite you to contact us for a no-cost consultation. We are available 24 hours a day, 7 days a week.
Prior results do not guarantee a similar outcome. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.