Louisiana Longshore Attorneys For Longshore & Harbor Workers Compensation Act Claim
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?
- 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.
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.
What Are LHWCA Injury Benefits?
Our New Orleans Longshore & Harbor Workers Compensation Office
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.
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
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 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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