Maritime industry workers in Louisiana face unique challenges. Their harsh and chaotic work environments often contain massive equipment and dangerous conditions. If you or a loved one suffered an injury while working in the maritime industry, you could receive financial compensation through the Longshore and Harbor Workers’ Compensation Act (LHWCA).
The Lake Charles longshoreman injury lawyers at Laborde Earles Injury Lawyers can help you pursue financial compensation for your medical care and other expenses. Our team can navigate the complicated legal issues surrounding longshoreman injuries and LHWCA coverage. We can be strong legal advocates for you during your case. You can explore your legal options today during a free consultation.
Financial Compensation for a Longshoreman Injury in Lake Charles, LA
The Longshore and Harbor Workers’ Compensation Act covers many maritime workers and provides a legal avenue for collecting financial compensation after an on-the-job injury. Injured workers may be entitled to disability payments, reimbursement for medical bills, and more.
However, getting fair and adequate compensation is sometimes a struggle; that is where our longshoreman injury lawyers come in. Our Lake Charles personal injury legal team is familiar with the Longshore and Harbor Workers’ Compensation Act and how to file a compensation claim. Even if your employer or the insurance company is less than cooperative, we know how to handle the situation and represent your best interests.
Who Qualifies Under the Longshore and Harbor Workers’ Compensation Act?
A “status test” can determine whether a maritime worker is eligible for benefits under the LHWCA. To qualify for coverage, you must perform maritime work duties. Longshoremen, shipbuilders, shipbreakers, and other workers who work on and around ships typically qualify.
There is also a “situs test” to determine if an individual qualifies for coverage under the LHWCA. You must work on or near a navigable body of water. If you are in the maritime industry, work near the water, and the Jones Act does not cover you, you will probably meet the criteria for LHWCA coverage. However, there are many complexities to this law. Our Lake Charles longshoreman injury lawyers can evaluate your situation and determine whether you could receive compensation through the LHWCA.
How Much Compensation Can You Get?
The compensation you may be entitled to for a maritime industry injury will depend on the injury and how long the road to recovery is. The LHWCA allows for the following benefits:
- Temporary partial disability (TPD): You cannot perform your typical job while you are recovering from your injuries, but you can perform lighter work with your same employer or a different employer. TPD payments are equal to two-thirds of your average weekly wage. So, if you make $1,200 a week, you will receive $800 in TPD benefits.
- Temporary total disability (TTD): You temporarily cannot work in any capacity because of your injuries. TTD benefits are two-thirds of your average weekly wage and are subject to minimum and maximum amounts.
- Permanent partial disability (PPD): You experience a permanent loss of functioning because of your injuries and cannot return to your line of work. However, you can perform other types of work. PPD benefits are based on a schedule and are payable once you reach “maximum medical improvement (MMI).” You can receive compensation based on what body parts suffered injuries and how long you were hurt. If the injured body part is not listed on the schedule, the PPD benefits are two-thirds of your lost earning capacity. Lost earning capacity is measured by subtracting the amount you earn after the injury from what you earned before the injury.
- Permanent total disability (PTD): You cannot do any work and are permanently disabled because of your injuries. Your benefits are equal to two-thirds of your average weekly wage and will continue for as long as you are disabled.
You may be able to receive compensation for your medical needs, including doctor’s visits, hospital stays, and transportation expenses related to your medical care. If you have severe injuries and cannot return to work, you may also be able to get vocational rehabilitation benefits.
What Type of Injuries Qualify?
Working on and around ships and water is generally considered dangerous, as injuries are common. The following are just a few examples of the injuries that may fall under the LHWCA:
- Injuries that occurred while performing work duties
- Injuries unsafe work conditions caused
- Occupational diseases from working conditions
- Injuries caused by the aggravation of a pre-existing condition during work
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientOur Lake Charles Longshoreman Injury Lawyers Can Help With a Claim Denial
Maritime workers are crucial to our society. They perform extremely difficult tasks and work in conditions many people cannot endure. Unfortunately, insurance companies and employers often try to deny claims for compensation and treat them with less respect than they deserve.
If you receive a compensation claim denial or an offer of too little compensation, you could benefit from a strong advocate in your corner who will fight for the benefits you deserve. Our Lake Charles longshoreman injury lawyers can gather evidence to support your claim and then file an appeal if necessary.
Our team of Lake Charles lawyers can:
- Ensure you understand your rights and options for seeking compensation under the LHWCA
- Answer your questions and address your concerns
- Investigate your case and gather evidence
- Represent you during settlement negotiations or legal proceedings
- File a claim or appeal and handle any paperwork
- Keep you informed every step of the way so that you know what is going on with your case
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientOur Lake Charles Longshoreman Injury Lawyer Can Help You – Call Today
Our longshoreman injury attorneys understand that many injured longshoremen encounter obstacles when filing a claim and getting compensation. When you work with Laborde Earles Injury Lawyers, you can have peace of mind knowing that our workers’ compensation attorneys are handling your case and fighting for the best possible outcome.
Our Louisiana personal injury attorneys have a collective 350 years of experience and have recovered more than $200 million in compensation for our clients. We would like to help you pursue financial recovery that meets your needs. Call us today for a free, no-obligation consultation to learn more about our services and how we can assist you.
