When and How to Hire an Attorney for your Longshore Act Claim
The Longshore and Harbor Workers Compensation Act (Longshore Act) is a form of workers’ compensation available to workers who perform maritime related duties, and who work adjacent to, near, or on the water. Under the Outer Continental Shelf Lands Act, the Longshore Act also covers workers injured while working on extracting or locating offshore natural resources such as oil.
Unlike the Jones Act, which is a negligence based cause of action available to maritime workers who qualify as seamen, the Longshore Act does not require that an injured employee show that this or her employer was negligent and that the employer’s negligence caused his or her injury. Instead, all that needs to be shown for a Longshore Act claim is that the worker qualifies under the act, and was injured in the course of his or her work related duties.
Filing a claim for recovery under the Longshore Act will not usually bring a claimant into a court of law. So you might be wondering, do you need an attorney to help with your claim?
When you need an attorney for your Longshore Act claim
While it never hurts to speak with an attorney early on to ensure that you are making the right type of claim, that you are using all channels of recovery available to you, and that your rights are being protected throughout the process, in some cases you can file a successful claim without ever needing to hire an attorney. There are certain situations where you should start thinking about hiring an attorney though. If your claim is extremely complex, or extremely expensive, you should consider speaking with an attorney. These claims are likely to receive push back from employers or insurers who are not eager to pay. Additionally, if you have already sensed that your employer is questioning your claim or pushing back against it, you should consult with an attorney.
Additionally, if your claim is denied, or your claim is accepted, but for an inadequate sum, you should speak to an attorney. The process of appealing a denied claim involves a hearing in front of an Administrative Law Judge. This process involves many things that are similar to what you would see in a lawsuit, such as taking depositions of witnesses and experts, requesting documents, and presenting evidence. These are not things most individuals are familiar with, and you will benefit from the representation of an experienced maritime attorney.
What to look for in an attorney
When hiring an attorney for your Longshore Act claim, you should seek out someone with plenty of experience in maritime law, and with handling claims and appeals based on the Longshore Act. Maritime laws are different from other laws regarding injured employees, and you will benefit from someone who knows the system, the laws and the process well from having been through it many times.
Be sure to speak to the attorney and ask him or her your questions and to voice any concerns you have. Your attorney should be interested in your case, and willing to take the time to understand the facts specific to your injury claim. Be sure that they understand the type of work you do and the equipment that you work with, especially if this is important to understanding the injury that you suffered.
There is a lot riding on your Longshore Act claim. Finding the right representation can greatly increase your chances of a successful claim, and of recovering the compensation that you require and that you are entitled to.
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.
