The Process of Filing a Claim for an Offshore Injury under the Longshore Act
The Longshore and Harbor Workers’ Compensation Act (Longshore Act) is a federal form of workers compensation available to certain maritime workers, specifically those whose jobs include maritime duties, and who work near navigable water. Under the Outer Continental Lands Act, workers engaged in extracting natural resources from the outer continental shelf can recover under the Longshore Act as well. Because the Longshore Act’s benefits tend to be higher than benefits in state based workers’ compensation programs, injured employees who think they might qualify under the Longshore Act will often try to do so. If you believe you qualify under the Longshore Act, it is possible to file a claim both under the Longshore Act as well as through a state workers’ compensation program. Here is a summary of what you should do if you wish to file a claim under the Longshore Act.
Report your injury promptly
The first step in a claim for benefits under the Longshore Act is to report your injury both to your employer, as well as to the federal Office of Workers’ Compensation Programs, which is responsible for administering claims for compensation under the Longshore Act. You should waste no time in taking this first step. The act allows you 30 days to report an injury. Because the act covers injuries that may not appear immediately, and also illnesses, the 30 day requirement might be based on when you knew or should have known that you had suffered an injury or illness, and that it was related to your job. Still, the best course of action is to report your injury as soon as you can.
File a Claim
In addition to a reporting deadline of 30 days, you have only one year to file a Longshore Act claim. Do not wait until the end of the year, file as soon as you can.
While employers or their insurers may begin paying once you have reported your injury, if they do not, or if they do not pay as much as you are owed, then you will have to file claim. Filing a claim will involve filling out a form and sending it in along with medical records regarding your injury. You will also have to request a hearing with a Longshore Act claims examiner. This hearing is informal and the claims examiner has little power to enforce the payment of your claim.
Request a Formal Hearing with an ALJ
The next step in the process involves requesting a hearing in front of an Administrative Law Judge (ALJ). This involves sending a form to the Office of Workers’ Compensation Programs. If you reach this stage of the process, and have not yet done so, you should speak to an attorney. Hearings in front of an ALJ involve discovery, in which each side has the opportunity to investigate, request documents, and depose witnesses and the opposing side. Following the discovery period, the formal hearing will take place. The issue or issues causing your claim to be denied will be discussed, and evidence will be presented. Oftentimes claims are argued over when the insurer believes your injury is not as severe as you claim, that your injury is not related to work, or that the medical treatment you received was excessive or unnecessary.
Consulting an Attorney
While it is not always necessary to retain an attorney for the initial reporting of an injury, once an employee sees that they are not being compensated, or that their compensation is less than they are owed, it is a good time to consult with an attorney. Additionally, given the complex nature of maritime laws, consulting an attorney early on can be greatly beneficial to your claim. You might have more options for recovery than you think.
Contact Stern Law, PLLC for A Free Consultation
At Stern Law, PLLC, we have compassionate and caring attorneys ready to work with you in order to find the best strategy for seeking compensation for your maritime employment related injuries. Contact Stern Law, PLLC today at (844) 808-7529 for a free consolation with an experienced attorney.
