Maritime and Offshore Injury Claims under the Longshore Act
Maritime employment poses serious risks to employees, and in acknowledgment of these risks, there are several laws that govern job related injury claims for maritime workers. Thus unlike workers’ compensation claims, injured maritime workers have to undergo a process just to know what they qualify as, and which law or laws they should base their injury claims on. If an injured worker is a seaman, who spends much of their time on a vessel, then the Jones Act will apply, as well as certain other general maritime laws. However, for the many workers who work in jobs that are based on maritime work, but who do not qualify as seamen under the Jones Act, there are other laws that can be used to seek compensation for a work related injury. The Longshore and Harbor Workers’ Compensation Act (Longshore Act) provides workers’ compensation benefits to employees who work in places like shipyards and docks, and the Outer Continental Shelf Lands Act (OCSLA) serves to extend the rights provided in the Longshore Act to employees who work on locating and extracting offshore natural resources. The OCSLA basically is designed to include employees working on oil rigs. Because the benefits awarded to individuals under the Longshore Act are typically higher than those collected under state run workers’ compensation programs, employees who have a chance of qualifying under the Longshore Act will often attempt to do so, even if whether they are covered by it is a matter for debate.
Filing a Claim under the Longshore Act
The Longshore Act is a form of workers’ compensation, and it is administered by the federal Office of Workers’ Compensation Programs. Like other forms of workers’ compensation, it is not necessary to show that an employer was as fault in order to collect under the Longshore Act. If an employee who believes he or she qualifies under the Longshore Act suffers from a work related injury, then the first step of the process is to report the injury both to the employer, and to the Office of Workers’ Compensation Programs. Most injuries should be reported within 30 days. Since the Longshore act covers illnesses, and because some injuries take time to manifest, there are cases where the employee might not be aware of his or her injury or illness until after 30 days have already passed. These cases are treated as exceptions, and the employee will have to report the injury within 30 days of being aware of the injury or illness, or 30 days of when he or she should have been aware. The best thing you can do is report your injury as early as possible.
Sometimes reporting the injury or illness will result in the employer’s insurer paying the benefits right away, but if it does not, or if the insurer is paying less benefits than the injured person is owed, then thee next step is to file a claim, and attend an informal conference a claims examiner. If the benefits are still absent or incorrect, then the employee may request a hearing in front of an Administrative Law Judge (ALJ). Prior to the hearing there is a discovery period in which information and evidence is gathered by both sides before you get the opportunity to make your case in front of the ALJ.
Compensation under the Longshore Act
Like other workers’ compensation programs, the Longshore Act provides coverage for medical expenses, including treatments and physical therapy. Vocational rehabilitation can be covered in some cases as well. As mentioned, if an injured employee has the opportunity to choose between the Longshore Act and a state based system of workers’ compensation, it is likely that the injured worker will prefer to collect under the Longshore Act. The benefits under the Longshore Act are typically higher, for instance, the total temporary disability benefits are slightly higher. The Longshore Act does afford additional benefits over many state workers’ compensation programs, but the differences vary by state.
The Longshore Act allows individuals to apply for benefits under the Longshore Act while also pursuing a state workers’ compensation claim. While you cannot collect twice, filing both claims is a good way to increase your chances of being covered one way or another if you end up not qualifying under the Longshore Act.
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.
