For maritime workers injured on the job, seeking compensation can seem like another obstacle to overcome on the path to recovery. Trust Hoffman Law Firm, your Charleston longshoreman injury attorneys, to fight for you.
When the rising tide of medical bills overwhelms you.
When the insurance company tries to shortchange you, offering less than you deserve.
When your employer values their safety record over your health.
Our team has outlined the process of filing a Longshoreman Workers’ Compensation claim below. Check it out, then get in touch with Hoffman Law Firm today to schedule your free consultation!
It is best to notify your employer of your injury as soon as possible, providing written notice within 30 days. Just like any Workers’ Comp or injury claim, gathering evidence is crucial to receiving the compensation you deserve.
Witness testimony can be used to strengthen your case. Witnesses may include fellow maritime workers who were present when your injury occurred or arrived at the scene quickly. Oftentimes, a manager or supervisor will complete an accident report – a document that will also play an important role when filing your longshoreman injury claim.
Seek Medical Treatment As Soon As Possible
It is important that you do not wait to get the medical attention you need. See your doctor as soon as possible and keep all of your medical records detailing treatment. Retain all receipts as well – including those from the hospital, surgery center, emergency room, physical therapist, etc. Be sure to log all your lost wages, too. Your Charleston Workers’ Comp lawyers will use all of this as evidence moving forward.
File a Claim with the Office of Workers’ Compensation Programs
The Office of Workers’ Compensation Programs (OWCP) oversees four federal Workers’ Compensation statutes, including the Longshore and Harbor Workers Compensation Act (LHWCA).
When you file a Longshoreman Workers’ Compensation claim, federal law applies rather than state law. That means that you are required to file federal forms with the Office of Workers’ Compensation Programs within 30 days of your injury.
However, there are two exceptions:
- If the injury does not cause immediate disability
In this case, you must report it no more than 30 days after you become aware that the injury caused a disability or missed time from work.
- If job-related activities caused an illness
If an occupational disease leads to a disability or lost time from work, you must report it within one year after you know or should have known about the condition.
Longshoreman and harbor workers injured on the job are covered by the LHWCA as well as the South Carolina Workers’ Comp Act. While injured workers cannot file for both, our Charleston Workers’ Compensation lawyers can help determine eligibility – and decide which option is most favorable.
Contact Our Charleston Longshoreman Workers’ Compensation Attorneys!
If you were injured in navigable waters along the Carolina coast, contact Hoffman Law Firm today! Our harbor workers’ injury lawyers here in Charleston can help you file a claim and get the compensation you deserve. We can also help if your original claim was denied or if you are having trouble navigating the claims process.
While you take the time you need to rest and recover, Hoffman Law Firm will fight for you. Our longshoreman Workers’ Compensation lawyers in Charleston, SC are proud to serve our friends and neighbors – from Mount Pleasant and the beaches to North Charleston and Summerville!