The Longshore and Harbor Workers’ Compensation Act covers benefits for specific types of maritime employees. Injured workers can utilize this law to collect temporary or permanent disability benefits, and the law entitles victims to be fully financially compensated for necessary medical treatments and reasonable transportation expenses. In the event a maritime employee is too injured to return to work, the law requires insurance companies to pay out benefits for the worker.
Typically, this act provides more benefits to victims than the state’s other compensation acts, so eligible injured workers should pursue the Longshore and Harbor Workers’ Compensation Act advantages first. Maritime employees that are eligible for these benefits must pass the status and situs tests.
The status test ensures that the injured worker was performing maritime-related work for their employer at the time of injury. Longshoremen, ship repairmen, ship-breakers, shipbuilders and others who assist in loading vessels almost always pass the status test. A maritime employee must actively engage in maritime employment. The situs test ensures that the injured worker typically worked near, on or adjacent to navigable water. In general, individuals who are working about a mile or so away from the water boundary in shipyards won’t meet this requirement.
Contact the Experienced Maritime Law Attorneys at Johnstone Carroll
Some states will allow an injured individual to pursue a claim under the Longshore and Harbor Workers’ Compensation Act and their state’s workers’ compensation act, but a victim won’t be eligible to receive double monetary benefits. The dedicated and experienced attorneys at Johnstone Carroll are committed to pursuing the financial compensation you are entitled to. Our firm has handled numerous complex maritime injury cases, and we are prepared to fight for you. Our firm can be reached at 205-383-1809. Contact us today to learn whether you are eligible to pursue benefits under the Longshore and Harbor Workers’ Compensation Act.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.