Longshoremen and other workers injured on the job may be entitled to compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The law is similar to Georgia’s workers’ compensation laws but is designed for maritime workers who do not qualify for state workers’ compensation benefits. In this blog, our Savannah longshore injury attorneys discuss what you need to know about the LHWCA.
Who is Covered by the Longshore and Harbor Workers’ Compensation Act?
Maritime workers covered by the Longshore and Harbor Workers’ Compensation Act include individuals working on navigable waters. It also includes workers whose job is in areas adjoining navigable waters, such as docks and harbors.
Individuals covered by the LHWCA include:
- Longshore workers
- Harbor workers
- Stevedores
- Workers who build or repair ships
- Harbor railway workers
- Harbor construction workers
The LHWCA provides benefits to injured longshoremen and other workers who do not qualify as seamen. A seaman spends at least 30% of their time working on a vessel on navigable waters. An injured seaman can sue for damages under The Jones Act.
What Benefits Are Available for Injured Longshoremen?
You can receive several types of benefits under the Longshore and Harbor Workers’ Compensation Act. Those benefits include:
Medical Care
Injured longshoremen can receive paid medical care for on-the-job injuries. The medical treatments must be reasonable and necessary. Examples of medical care include, but are not limited to, hospitalizations, doctor’s bills, physical therapy, diagnostic tests, and medications.
Disability Income
If your injury prevents you from working, you can receive temporary disability benefits. The benefits are based on two-thirds of your average weekly wages, subject to maximum and minimum rates. If your injury allows you to work but cannot earn as much as you did before the injury, you can receive temporary partial disability benefits. The amount is based on two-thirds of the difference between what you earned before the accident and now.
Some injuries may cause permanent disabilities. If so, the LHWCA provides permanent total disability at the same rate as your temporary disability benefits. The benefits continue as long as the disability continues. Permanent partial disability payments are based on the injury and the extent of the impairment.
Vocational Rehabilitation
Vocational rehabilitation helps a permanently disabled worker return to gainful employment. Services may include skills testing, vocational assessments, job development, limited training, counseling, and job placement.
You must have a permanent disability that prevents you from returning to your job. There must also be appropriate jobs that you could perform within a reasonable commute from your home.
Death Benefits
If a longshoreman dies because of injuries sustained on the job, the Longshore and Harbor Workers’ Compensation Act provides death benefits for eligible surviving family members. The amount paid is based on the relationship with the worker.
Generally, surviving spouses are entitled to death benefits for life or until they remarry. Children may receive benefits until they turn 18 years old or 23 years old if they are a full-time student.
You Do Not Receive Compensation for Pain and Suffering
As with state workers’ compensation benefits, the Longshore and Harbor Workers’ Compensation Act does not compensate workers for their non-economic damages. However, if a third party caused or contributed to the cause of your injury, you may have a third-party claim that would compensate you for these losses.
Contact Our Office to Speak With a Savannah Longshore Injury Attorney
You deserve to receive all benefits and compensation available for a maritime injury. Contact Parsons Law Group to speak with an experienced Georgia longshore injury attorney. Our legal team will work to protect your rights after a maritime accident.