Longshore and Harbor Workers' Compensation Act Lawyers
Houston, Texas
The Longshore and Harbor Workers' Compensation Act (LHWCA) provides benefits to maritime workers who are not covered by either traditional workers' compensation law or the Jones Act. Most workers eligible for LHWCA benefits work on 1) navigable waters or 2) areas adjoining navigable waters, including docks, piers, terminals, stationary platforms and oil rigs, and dry dock facilities. Activities that are often covered under the LHWCA include:
- Loading or unloading of a vessel
- Repairing, maintaining or building of a vessel
- Longshoring, harbor work and stevedoring
If you or a loved one has been seriously injured while performing these or other maritime activities, you may be eligible for benefits under the LHWCA or Jones Act. Contact the maritime accident attorneys at Fitts Zehl, LLP today. Our lawyers have helped hundreds of injured workers receive compensation for on-the-job injuries, including numerous workers injured on oceangoing vessels, docks, piers, terminals, platforms and oil rigs, and ship repair facilities.
Houston, Texas, Longshore and Harbor Workers' Compensation Act Attorneys. Call 866-586-8988.
Unlike under the Jones Act, workers eligible for benefits under the Longshore and Harbor Workers' Compensation Act do not have to establish employer fault and liability in order to recover damages. An on-the-job injury is enough for a worker to receive benefits— regardless of the circumstances of the accident.
Benefits are paid every two weeks, based on a percentage of income, and include:
- The payment of medical and rehabilitation expenses, including medical expense benefits for costs related to occupational diseases
- A percentage of lost wages
- Death benefits for survivors
Surviving spouse benefits are 50% of the average weekly wage for the lifetime of the spouse or until remarriage. Surviving dependant benefits consist of 50% of the average weekly wage for one child and, in the case of 2 or more children, up to 2/3 of the average weekly wage to be split amongst the dependants. Generally, death benefits for dependants end on the child's 18th birthday but, under certain circumstances, may continue. Other relatives may be eligible for death benefits if they can prove financial dependance on the deceased.
Under the LHWCA, there are four (4) categories of disability:
- Temporary partial disability
- Permanent partial disability
- Temporary total disability
- Permanent total disability
Contact the experienced maritime accident attorneys at Fitts Zehl LLP with questions regarding the Longshore and Harbor Workers' Compensation Act. We are experienced in recovering maximum compensation for workers under LHWCA law and receive only a percentage of damages recovered, resulting in no out-of-pocket expense to you.
In order to recover under the Longshore and Harbor Workers' Compensation Act, there are a few deadlines that you must be aware of:
1. You have thirty (30) days from the date of an injury to notify your employer of that injury.
2. You have one (1) year to file a formal Longshore and Harbor Workers' Compensation Act claim with the
Department of Labor.
These timelines are critical when trying to file a claim under the Longshore and Harbor Workers' Compensation Act. Failure to abide by them will preclude you from recovery under the Act. Navigating the intricacies of maritime law is not something just any lawyer can do. It takes years of experience and hard work to properly represent those injured offshore.
Contact Us
If you or a family member has been injured in a maritime or offshore accident, contact us today. We offer free initial consultations and are available for evening and weekend appointments. Our offices are centrally located in the Galleria Financial Center. To contact us, call 866-586-8988. We represent clients from throughout the Gulf Coast region including: Houston, Galveston, New Orleans and Port Fourchon.
