If your job involves work on, or near U.S. waters, there\u2019s a good chance you don\u2019t have to rely on your state\u2019s workers\u2019 compensation laws to receive medical and wage benefits.<\/p>\n\n\n\n
The Longshore and Harbor Workers’ Compensation Act specifically caters to workers<\/a><\/strong> in Florida and across the U.S., ensuring they receive compensation for lost wages and comprehensive medical benefits. Tailored for employees who incur injuries on navigable waters or adjacent zones\u2014like piers, terminals, docks, and boat yards\u2014it aims to provide essential coverage and protection. Its design emphasizes both the well-being of workers and the distinctive nature of maritime-related tasks they undertake.<\/p>\n\n\n\n Your access LHWCA to benefits and medical care under this longshore act depends on the specific details of your case, but the following information can help you with the basics of determining when you need a Florida accident law firm. <\/p>\n\n\n\n Workers who can receive benefits under the LHWCA include:<\/p>\n\n\n\n A recent National Security Council report<\/a> found that the top three causes of work injuries that affect individuals\u2019 work abilities are overexertion, falls, and contact with equipment.<\/p>\n\n\n\n The LHWCA provides protection for injured workers by requiring employers to pay for medical, wage loss , and vocational rehabilitation benefits when appropriate. The Office of Workers\u2019 Compensation Programs and the Division of Longshore and Harbor Workers\u2019 Compensation (DLHWC) oversee the administration of LHWCA benefits. <\/p>\n\n\n\n Once you\u2019ve suffered a maritime work injury covered by the LHWCA<\/a>, you have the right to receive any reasonable and necessary medical care related to your work injuries. Unlike many state systems, you can choose your own doctor after suffering a maritime work injury. However, you cannot change your doctor unless you get permission from your employer, your employer\u2019s insurance, or the Office of Workers\u2019 Compensation Programs<\/a> (OWCP).<\/p>\n\n\n\n Many individuals suffer work injuries severe enough to prevent them from fulfilling their regular work duties. Some employers can accommodate the limitations of your work injury, but some can\u2019t. If you can\u2019t return to your maritime employment and earn the same wage you did before your work injury, this is called a \u201cdisability\u201d under the LHWCA. And under the LHWCA, you can receive compensation for your work-related disabilities. Potential coverages for wage loss under the LHWCA include:<\/p>\n\n\n\n You receive PPD or PTD after you reach maximum medical improvement (MMI). MMI doesn\u2019t mean that you\u2019re cured of the effects of your work injury. Rather, MMI means that the effects of your injury are not likely to improve with further medical treatment. All disability benefits are based on the average weekly wage (AWW) you earned at the time of your injury. <\/p>\n\n\n\n Permanent total disability is not the answer for every maritime worker who suffers a permanently debilitating injury. Sometimes an injured worker has the right to receive vocational rehabilitation benefits under the LHWCA. Vocational rehabilitation benefits help injured workers find new jobs or adjust their old jobs. The goal is to help injured workers earn wages comparable to what they earned before their injuries. These benefits can include:<\/p>\n\n\n\n If you\u2019re eager to return to work after a debilitating injury, but you\u2019re not finding hope in your prior position, an experienced longshore and harbor worker attorney<\/a> can request vocational rehabilitation benefits for you. <\/p>\n\n\n\n LHWCA benefits (including the defense base act) and state workers’ compensation benefits provide different forms of protection for injured civilian employees, depending on their work environment and jurisdiction.<\/p>\n\n\n\n State workers’ compensation law typically covers employees in various industries, including non-maritime sectors. These systems are governed by state laws and provide things such as coverage for medical bills, disability benefits, and disability compensation for lost wages. When you receive workers’ compensation benefits based from the state, they are calculated based on the injured employee’s average weekly wage (AWW).<\/p>\n\n\n\n The LHWCA is a federal law that specifically addresses the needs of maritime employees. It provides compensation to those who work on or near navigable waters, including docks, piers, and terminals. Similar to state workers’ compensation, the LHWCA considers the injured employee and their AWW and uses specific formulas to calculate appropriate benefits based on the type of disability and the employee’s pre-injury wage.<\/p>\n\n\n\n After suffering a maritime work injury, you should immediately seek medical care for any emergency needs.<\/p>\n\n\n\n The LHWCA requires that you report work-related injuries, or an occupational disease related to employment, to your employer in writing within 30 days of injury.<\/p>\n\n\n\n If your workplace injury prevents you from earning your full wages, you need to file an Employee\u2019s Claim for Compensation<\/a> with the OWCP. If you\u2019ve suffered an acute workplace injury, you have one year to file your claim. If you\u2019ve suffered an occupational injury or disease (e.g., carpal tunnel syndrome), you have two years to file your claim.<\/p>\n\n\n\n Maritime employers and their insurance companies don\u2019t immediately accept all claims for LHWCA benefits. If your employer denies you benefits, you can attend a conference in front of an examiner at your OWCP suboffice. If your employer or their insurance carrier doesn\u2019t comply with an OWCP recommendation, you can attend a hearing before an Administrative Law Judge (ALJ). Determinations of an ALJ are binding. <\/p>\n\n\n\n Workers\u2019 compensation benefits for maritime workers are tricky, complex, and necessary for many. At Grossman Attorneys at Law, we understand the intricacies of maritime injury law<\/a>, and we are dedicated to relieving the plights of an injured worker. We are tenacious and compassionate advocates who want to make sure your voice is heard in our offices, at the negotiation table, and in the courtroom. Call us when you need us.<\/p>\n\n\nWorkers Covered by the U.S. Longshore and Harbor Workers\u2019 Act<\/h2>\n\n\n\n
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Types of Longshoreman and Harbor Workers\u2019 Compensation Act Benefits<\/h2>\n\n\n\n
LHWCA Medical Benefits<\/h3>\n\n\n\n
LHWCA Wage Loss Benefits<\/h3>\n\n\n\n
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LHWCA Vocational Rehabilitation Benefits<\/h3>\n\n\n\n
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LHWCA Benefits vs. State Workers’ Compensation Benefits<\/h3>\n\n\n\n
Making a Longshoremen and Harbor Workers\u2019 Compensation Act Claim in Florida<\/h2>\n\n\n\n
Reporting Your Injuries to Your Employer<\/h3>\n\n\n\n
Requesting Compensation Benefits<\/h3>\n\n\n\n
Fighting Benefit Denials<\/h2>\n\n\n\n
Fight for a Good Recovery with the Help of Our Experienced Florida Attorneys<\/h2>\n\n\n\n