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Ships are built for the sea, but they must always come to shore eventually to accomplish their purpose. There, cargo handlers and crane operators will help unload the ships, longshoremen will load it back up, and welders and other ship repair workers will address any problem the ship might be having.
These are dangerous jobs, and there is a great deal of potential for serious injury every day in the life of a harbor worker. Congress has passed the Longshore and Harbor Workers Compensation Act to help those workers continue to pay bills and keep food on their tables, along with covering medical expenses, after a debilitating accident.
If you are a harbor worker, longshoremen or other maritime worker who is not a member of the crew of a vessel and you are injured on the job, you may be eligible for benefits under the Longshore and Harbor Workers' Compensation Act. Your Washington or Oregon maritime employer may try to unfairly deny you benefits, may be delaying them or may have terminated you for seeking the benefit owed to you.
Pursuant to 33 U.S.C. § 905(b) of the Longshore and Harbor Workers' Compensation Act, workers may recover additional damages when vessel negligence caused or contributed to the accident.
If that happens, the Seattle Longshore and harbor workers lawyers at Anderson Carey Williams & Neidzwski may be able to help you. Our experienced maritime lawyers will fight for you to get what you're owed. Call us today at 1 (800) 262-8529 or send an online message for a free consultation.
We represent dock workers and other land-based maritime employees coast-to-coast and throughout the Pacific Northwest, including in Washington, Oregon, California, and Alaska. Our offices are located in Seattle and Bellingham, Washington, and Portland, Oregon.
LHWCA in Washington and Oregon Information Center
The Longshore and Harbor Workers' Compensation Act (LHWCA) covers employees in maritime fields who are not the members of the crew of a vessel or a state or federal employee, or an employee of a foreign government. This is a broad field of potential plaintiffs in Washington, Oregon and other maritime economies and includes:
The LHWCA covers these types of workers, no matter where they were injured if they were injured on the job. For instance, if a welder is injured while working in the Port of Seattle, he would be eligible for benefits under the Act. If the same welder was injured after being taken out on the Puget Sound to work on a ship, he would still likely be covered under the Act. The Longshore and Harbor Workers Compensation Act covers the employee wherever he or she is. The Act does not cover seamen who are injured while at harbor. Those employees can seek to recover under different law.
There are a wide variety of injuries that can occur while working at a harbor or dock. Some of them may be:
It does not matter who was at fault for the injury, only that the injury occurred while on the job. If a mistake is made by the employee or the employee was not following proper procedures, he or she may still recover from the employer pursuant to the Longshore and Harbor Workers Compensation Act.
When a harbor worker or other employee covered by Longshore and Harbor Workers Compensation Act is injured in Oregon, he or she become eligible for benefits. Benefits under LHWCA work similarly to workers' compensation or maintenance and cure. The employer, or, in most cases, the employer's insurance company, is required to pay for all reasonable medical expenses related to the injury.
Injured harbor workers are also eligible to receive two-thirds of their annual weekly pay every week until the effects of the injury go away. A surviving spouse may receive half of the annual weekly pay, and surviving children may receive up to 16 2/3rd percent of the annual weekly pay.
Employers may attempt to deny claims, or fail to pay them. When an employer wrongfully denies or delays payments, certain penalties may apply. For instance, if the payment is more than 10 days late, an extra 20 percent may be added. It is illegal for an employer to terminate or otherwise retaliate against an employee for filing a valid Longshore and Harbor Workers Compensation Act claim. Your Seattle maritime injury lawyer can help you discover what civil avenues are available to you under this act and others.
Anderson Carey Williams & Neidzwski | Washington Dock Worker Compensation Lawyer
If you are a land-based maritime employee who was injured on the job, you may be eligible for benefits under the Longshore and Harbor Workers Compensation Act. The Portland Longshore and harbor worker lawyers at Anderson Carey Williams & Neidzwski can help you claim those benefits. Call us today at 1 (800) 262-8529 or send an online message to set up a free consultation.
This website was designed for martime lawyers and was created solely for general information purposes. Nothing on this website should be construed as legal or medical advice. Only a maritime attorney or physician licensed to practice in your state can provide you with official guidance based on the specific details surrounding your situation.
Additionally, contacting Anderson Carey Williams & Neidzwski via e-mail or phone does not create an attorney / client relationship. This relationship is only formed after a formal agreement has been made by both parties.