Longshore Attorneys For Longshore & Harbor Workers Compensation Act Claim
How Do I Know If I am a Longshore Harbor Worker?
- Individuals exclusively performing office clerical, secretarial, security, or data processing work;
- Workers employed by a club, camp, recreational operation, restaurant, museum, or retail outlet;
- Workers employed by a marina and who are not engaged in construction, replacement, or expansion of such marina (except for routine maintenance);
- Workers who (A) are employed by suppliers, transporters, or vendors, (B) are temporarily doing business on the premises of a maritime employer, and (C) are not engaged in work normally performed by employees of that employer covered under this Act;
- Aquaculture workers;
- Individuals employed to build, repair, or dismantle any recreational vessel under sixty-five feet in length;
- Small vessel workers if exempt by certification of the Secretary of Labor under certain conditions.
- A master or member of a crew of any vessel;
- Any person engaged by a master to load or unload or repair any small vessel under eighteen tons net; and
- Employees of the United States government or of any state or foreign government.
What Are LHWCA Injury Benefits?
What Are LHWCA Death Benefits?
In computing death benefits, the average weekly wage of the deceased shall be considered to have been not less than the national average weekly wage effective at the time of the employee’s death. The total amount of survivor benefits payable in death cases may not exceed the average weekly wage of the deceased or 200% of the national average weekly wage, whichever is less. Our Louisiana longshore harbor death benefits lawyer can also help if a loved one was killed while working on the job.
Maximum and Minimum Payments
Waiting Period and Beginning of Compensation
KEY STEPS- What To Do If You Are Injured and Covered Under Longshore and Harbor Workers’ Compensation Act?
- NOTIFY your employer immediately. If you need medical treatment, ask your employer for a Form LS-1, which authorizes treatment by a doctor of your choice.
- OBTAIN medical treatment as soon as possible.
- GIVE written notice of your injury within 30 days to your employer on Form LS-201. Notice of death must also be given within 30 days. Additional time is provided for certain hearing loss and occupational disease claims. Contact your nearest OWCP district office for additional information regarding these types of claims.
- FILE a written claim for compensation within one year after the date of injury or last payment of compensation, whichever is later. A claim for survivor benefits must be filed within one year after the date of death. The time for filing claims in certain occupational disease cases has been extended to two years.
- If you are having any problems with your Longshore and Harbor Workers’ Compensation case, call me at 866-558-9151 (866-558-9151 FREE) or submit your inquiry online. Please be advised that you may be facing important legal deadlines so don’t delay.
- DEFENSE BASE ACT, applying to employment by Federal government contractors outside the continental U.S., Alaska, or Hawaii.
- OUTER CONTINENTAL SHELF LANDS ACT, applying to employees of private industry, who is not a seaman, conducting certain operations (such as the exploration or development of natural resources) on the Outer Continental Shelf of the United States.
- NON-APPROPRIATED FUND INSTRUMENTALITIES ACT, applying to civilian employees of non-appropriated fund instrumentalities (post exchanges, etc.) of the Armed Forces.