What You Should Know About Longshoreman Injury Compensation

Exhausting work. Exposure to the elements. Hazards at every turn.

It’s all in a day’s work for our community’s longshoreman and maritime workers. Their jobs often involve working on piers, terminals and docks – like the ones found here in Charleston. But despite safety protocols and hours of training, accidents happen.

When they do, it’s crucial to have an experienced attorney on your side. At Hoffman Law Firm, our injury lawyers understand Longshore and Harbor Workers Compensation – and we are committed to ensuring you receive the benefits you deserve. 

If you or a family member have been injured on the job, contact Hoffman Law Firm today! All it takes is a free consultation to consider us a member of your crew.

Benefits of the Longshore and Harbor Workers’ Compensation Act

The Longshore and Harbor Workers’ Compensation Act, passed in 1927, is a federal Workers’ Compensation act that provides benefits for certain types of maritime employees and civilian employees on military bases worldwide. It was designed to provide more benefits than typical state Workers’ Compensation law. 

The LHWCA offers compensation for the following:

  • Lost wages
  • Medical expenses

In addition to vocational retraining to help injured employees get back to work, the LHWCA provides these benefits:

  • Temporary total disability
  • Temporary partial disability
  • Permanent total disability
  • Permanent partial disability
  • Necessary medical treatment from a physician chosen by the injured worker (includes mileage and other transportation costs)

Who Qualifies as a Maritime Worker?

Before filing a claim, our Charleston Harbor worker injury lawyers can help determine if you are eligible for compensation. 

Any employee who “supports maritime commerce” and satisfies the situs test is considered a maritime worker. Situs test eligibility, related to the location where the employee works, requires the employee to work on or next to navigable waters. This includes (but is not limited to) piers, boat yards, docks and terminals.

The following employees are eligible:

  • Longshoremen: These employees typically work adjacent to navigable waters, assisting with loading and unloading cargo.
  • Shipbuilders: These workers often spend their days in maritime facilities buildings, overhauling or repairing vessels. 
  • Stevedores: These waterfront workers mostly load and unload cargo.
  • Shipbreakers: These laborers work at maritime facilities, breaking down or decommissioning vessels.

These workers, however, are NOT eligible:

  • Ship captains
  • Masters or members of the crew of any vessel 
  • Shipbuilders
  • Aquaculture workers
  • Recreational vessel mechanics/repairmen

Note: Captain and crew are protected under the Jones Act.

Common Injuries Associated with Longshoreman Accidents 

Longshoremen labor in dangerous conditions, spending their days loading, unloading and repairing. Defective equipment, falling cargo and potential chemical exposure add risk to the already exhausting work – and can result in the following injuries:

  •  Traumatic brain injury 
  •  Spinal cord injury
  •  Neck injury
  •  Fractured or crushed bones
  •  Torn ligaments
  •  Burns and lacerations

Contact Your Charleston Longshoreman Injury Attorney Today!

If you have been injured while working as a longshoreman, our team is here to help. As your longshoreman injury lawyers in Charleston, we will work to ensure you get the medical care you need and the Workers’ Comp benefits you deserve. 

Call us today or fill out the contact form to schedule your free consultation!

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