Lake Charles Longshoreman Injury Lawyer

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.

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

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.