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Louisiana Longshore Attorneys For Longshore & Harbor Workers Compensation Act Claim

New Orleans based Lavis Law Firm – Personal Injury & Accident Attorney knows The Longshore and Harbor Workers Compensation Act (LHWCA).  The Longshore Act is administered by the U. S. Department of Labor Office of Workers’ Compensation Programs. The Act provides for no-fault benefits including, but not limited to, indemnity payments and medical care for certain employees disabled from injuries on navigable waters of the United States, or in adjoining areas customarily used in loading, unloading, repairing, or building a vessel.

The Act also offers benefits to dependents if the injury causes the employee’s death. These benefits are paid by an insurance company or by an employer who is authorized by the U.S. Department of Labor’s Office of Workers’ Compensation Programs to be self-insured. The term “injury” includes occupational disease arising out of employment.

If you are searching for an experienced Louisiana Longshore Harbor Death Benefits Workers Compensation lawyer near you, contact Charles Lavis at (504) 684-7331 for a free consultation. 

How Do I Know If I am a Longshore Harbor Worker?

The Longshore Act covers employees engaged in maritime work or in maritime occupation – including longshore and harbor workers, shipbuilders, shipbreakers, and other maritime employees. To be covered, an injured employee must meet both the Situs and Status test of the LHWCA.
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SITUS TEST requires an employee to be engaged in maritime employment in whole or in part upon the navigable waters of the United States. This includes adjoining wharves, dry-docks, piers, terminals, building ways, or other adjoining areas customarily used by an employer in loading, unloading, repairing, or building a vessel.
STATUS TEST requires that employees be engaged in maritime employment
An employee working on navigable waters in the course of his employment satisfies the test as does a worker not on navigable waters at the time of injury but is engaged in an integral part of maritime activity, such as loading, unloading, repairing or building a ship.
EXCLUDED WORKERS – The LHWCA excludes some injured workers from coverage who otherwise may be engaged in maritime employment if the injured worker is covered by state workers’ compensation law and falls in the following categories:
  • 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.

Louisiana Longshore Death Benefits Lawyer Near You​

Working in maritime industries offshore exposes individuals to unique risks, and accidents can sometimes have tragic consequences. When these unfortunate events occur, understanding the compensation available to the families of deceased workers is crucial. The Longshore and Harbor Workers Compensation Act (LHWCA) provides a framework for death benefits, offering financial support and security to the dependents of workers who lose their lives in the course of employment. You will need to fill out the LS203 Form which we can help you with.

Understanding Longshore and Harbor Workers Compensation and Death Benefits

Trying to access these benefits after your loved one has lost their life while on the job as a longshore worker can be difficult at times. It is best to contact a longshore benefits lawyer near you who has experience working with the Harbor Workers Compensation Act and understands the intricacies of these laws. At the Lavis Law Firm out of New Orleans, LA we have years of experience helping family members work with the LHWCA to make sure they receive the maximum possible benefits after they have lost their family member in a tragic accident. Contact our New Orleans law office today to set up your free case consultation.

Longshore Defense Base Act Louisiana Workers Comp Lawyer

What Are LHWCA Injury Benefits?

MEDICAL CARE – Includes all medical, surgical, and hospital treatment and other medical supplies and services required by the employment-related injury, as well as the cost of travel and mileage incidental to such treatment.
The employee may obtain medical treatment from a physician of his or her choice. The term “physician” includes doctors of medicine (MD), surgeons, podiatrists, dentists, clinical psychologists, optometrists, and osteopathic practitioners within the scope of their practice as defined by State law. Chiropractors are also included only to the extent that their treatment consists of manual manipulation of the spine to correct subluxation (dislocation).
An employee may not choose a physician who is currently not authorized by the Department of Labor to render medical care under the Act. The list of physicians not authorized is available from the local OWCP district office.
DISABILITY COMPENSATION – Compensation is paid every two weeks during an employee’s total disability because of a work-related injury.
Compensation is paid at a lesser rate if the employee is only partially disabled for his regular work.
Disability means the inability to earn the same wages earned at the time of injury. Compensation is payable for disabilities that are permanent total, temporary total, permanent partial, or temporary partial.
PERMANENT TOTAL AND TEMPORARY TOTAL DISABILITY – Compensation is two-thirds of the employee’s average weekly wage, subject to a maximum amount. The maximum rate payable for temporary total disability changes each October 1, based on the current National Average Weekly Wage for the affected period. Compensation for permanent total disability is adjusted each October 1, based on the percentage change in the national average weekly wage from the previous year, subject to a maximum adjustment of 5%.
PERMANENT PARTIAL DISABILITY – Compensation is payable for the permanent loss or loss of use of certain parts or functions of the body, such as the loss of the arm, hand, fingers, leg, foot, toes, hearing or vision. Compensation is payable for a certain number of weeks for each type of disability as specified in the Act. For example, total loss of use of a foot entitles the employee to 205 weeks of compensation.
TEMPORARY PARTIAL AND NON-SCHEDULED PERMANENT PARTIAL DISABILITY – Compensation is two-thirds of the employee’s weekly wage loss or loss of wage-earning capacity.
PERMANENT PARTIAL DISABILITY FOR RETIREES – If a worker suffers the onset of a latent occupational disease after retirement, compensation is two-thirds of the National Average Weekly Wage (NAWW) multiplied by the percentage of impairment resulting from the disease.
REHABILITATION – Vocational rehabilitation may include evaluation, testing, counseling, selective placement, and retraining if the employee is injured and cannot return to the former job. Rehabilitation services may include the cost of tuition, books, and supplies. A maintenance allowance not to exceed $25.00 per week is also provided during retraining. The cost of vocational rehabilitation services is paid by the U. S. Department of Labor. Contact your nearest district office if you are interested in these services.  

Our New Orleans Longshore & Harbor Workers Compensation Office

Lavis Law Firm

643 Magazine St #301D
New Orleans, LA 70130
504-834-4000


Who Can Access Longshore and Harbor Workers Death Benefits? ​

The Longshore and Harbor Workers Compensation Act is a federal law that provides benefits to workers employed in maritime occupations, excluding seamen. This coverage extends to many different types of individuals who are employed in various occupations related to maritime activities. Some of these include:

Longshoremen – Longshoremen are workers who load and unload cargo onto and from ships. They operate on docks and terminal facilities, ensuring the efficient movement of goods between ships and land transportation.

Stevedores – Stevedores are responsible for the stowing and securing of cargo on different types of ships. It is their job to maximize the use of cargo space on the boat while ensuring the safety of the goods being transported.

Ship Repairers – Ships can often be in need of repairs. A ship repairer is any worker who is involved in the repair and maintenance of a sea-going vessel. This can include welders, electricians, mechanics, and other skilled tradespeople.

Shipbuilders – Individuals engaged in the construction of ships, including welders, shipwrights, and other construction workers, are also covered under the LHWCA.

Marine Terminal Employees – Employees who work out of marine terminals, such as those responsible for cargo handling, equipment operation, and terminal maintenance, are all considered Longshore and Harbor Workers.

Harbor Workers – Anyone who is involved in various harbor-related activities, such as those engaged in maintenance, security, and logistics within port areas.

Crane Operators – Cranes are an integral part of moving cargo on and off of ships. Crane operators are responsible for lifting and moving this heavy cargo in a safe and efficient manner.

Forklift Operators – Similarly to crane operators, forklift drivers handle cargo and other equipment on docks and in maritime terminals. As such they are also included in the definition of Longshore and Harbor Workers.

Dock Workers – General dock workers involved in a variety of tasks related to maritime activities, including equipment operation, cargo handling, and maintenance, fall under the LHWCA coverage.

Cargo Checkers – Cargo checkers are responsible for inspecting and documenting the condition of cargo as it is loaded and unloaded from ships, ensuring accuracy and compliance with shipping manifests.

Ship Clerks – Ship clerks handle administrative tasks related to cargo documentation, such as maintaining records, preparing shipping manifests, and coordinating communications between ship and shore personnel.

It’s important to note that while these examples provide a general overview, the specific job duties and responsibilities of individuals within the maritime industry can vary. Determining eligibility for coverage under the LHWCA involves assessing the nature of the work performed and the relationship to maritime activities. These claims can get complicated which is why we recommend contacting an experienced Louisiana Longshore & Harbor death benefits attorney near you.

Death Benefits Provided By The LHWCA​

To qualify for longshore death benefits through the LHWCA, it must be established that the worker’s death resulted from a work-related injury or illness. This can include accidents on the docks, vessel collisions, or exposure to hazardous substances. Once that has been established then these death benefits will be paid out to the worker’s loved ones who were dependent on them financially.

Dependents who are impacted by the death of their loved one who works as a longshore or harbor worker are entitled to receive compensation in the manner of death benefits. Dependents may include spouses, children, and other family members who were financially dependent on the deceased worker. The LHWCA stipulates that death benefits are to be paid in the form of weekly compensation. The amount of the death benefit is generally a percentage of the deceased worker’s average weekly wage, subject to a maximum limit as defined by law.

Longshore death benefits are typically payable for a specified period, determined by factors such as the number and type of dependents. For example, a surviving spouse may receive benefits until remarriage, while children may receive compensation until reaching a certain age. These claims can get complicated. Contact an experienced Louisiana Longshore & Harbor death benefits lawyer near you.

louisiana longshore harbor death benefits claim

Breakdown of Longshore Worker Death Benefits ​

If the longshore worker suffers a permanent and total disability they are then entitled to lifetime benefits with an annual cost of living adjustment. If they lose their lives due to the accident then their family member(s) will be paid a death benefit. The death benefits for those impacted by the loss of their loved one due to a harbor accident are different depending on their living situation. Child and spousal benefits are paid out according to the worker’s specific circumstances.

Longshore Worker Death Benefits:

  • Widow/Widower – 50% of AWW with annual cost of living adjustment
  • Widow and One Child – 66 & 2/3% of the AWW with annual cost of living adjustment
  • Widow and Two Children – Same as above
  • Surviving Parents – Based on proof of dependency at time of death
  • No Dependents – $5,000 payable to the special fund
  • Adult Children – Based on proof of dependency at time of death
  • Burial Benefit – $3000

Bars to Benefits: if alcohol and drug intoxication are deemed to be the sole cause of the accident, regardless of the employer having a written drug policy, then the benefit could be negated.

We can help you get through this difficult time. Contact an experienced Louisiana Longshore & Harbor death benefits lawyer today.

Maximum and Minimum Payments

Compensation payable under the Act may not exceed 200% of the national average weekly wage, applicable at the time of injury, or the employee’s full average weekly wage, whichever is less.

Waiting Period and Beginning of Compensation

NO COMPENSATION – is allowed for the first three days of disability unless disability lasts longer than fourteen days. In such cases compensation is paid from the first day of wage loss. The first installment of compensation is due 14 days after the employee begins to lose time from work due to the injury, or as directed by the OWCP.

KEY STEPS- What To Do If You Are Injured and Covered Under Longshore and Harbor Workers’ Compensation Act?

  1. 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.
  2. OBTAIN medical treatment as soon as possible.
  3. 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.
  4. 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.
  5. 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.
Other Acts provide similar coverage to the LHWCA for certain other employees:
  • DEFENSE BASE ACT hearing loss, 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.

Get Help In Louisiana With Filing A Longshore Death Benefits Claim or Appealing A Denial ​

Dependents are required to file a Longshore & Harbor Workers Compensation claim for death benefits with the Office of Workers’ Compensation Programs (OWCP) within a specified timeframe. Timely and accurate submission of documentation is essential to ensure a smooth claims process. Given the complexity of the claims process when it comes to LHWCA compensation requests, seeking legal assistance from an experienced longshore death benefits attorney is highly recommended. Attorneys with expertise in maritime law can guide dependents through the necessary steps, ensuring that all required documentation is provided. And in cases where a claim is denied and dependents are trying to appeal the decision, legal representation is essential as your longshore lawyer will provide the necessary advocacy to secure the benefits you deserve.

Longshore death benefits under the Longshore and Harbor Workers Compensation Act offer a lifeline to the families of maritime workers who tragically lose their lives while contributing to vital industries. Understanding the eligibility criteria, filing procedures, and the role of legal representation is essential for dependents navigating the complex landscape of compensation following a work-related fatality.

Contact an Experienced Louisiana Longshore Death Benefits Lawyer Near You

If you are searching for an experienced Louisiana Longshore Harbor Death Benefits Workers Compensation lawyer near you, call our longshore harbor death benefits claim lawyers at the Lavis Law Firm at (866) 289-2802 for a free case consultation. 

If you have lost a loved one who was employed as a longshore worker here in Louisiana, or fill out our form. We will be able to help you determine the next steps in the process of working with the LHWCA to make sure you get the compensation you need.

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New Orleans Workers Compensation Lawyer Review

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This man was great! My case was difficult to say the least. Mr Lavis protect me and my family throughout the entire process. I felt that he truly fought for me and defended me,keeping my best interest in mind. I highly recommend this law firm for Louisiana based workman comp cases. worth more than 5 stars. – Jason

https://goo.gl/maps/AyvP13jRGNhoe5R46 – link to Google Review

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