The Longshore and Harbor Workers Compensation Act, abbreviated as the LHWCA, was initially passed in 1927 by the United States Congress to be able to provide workers who have been in navigable waters within the United States in situations where they had no other means of compensation. The act was later amended in 1984 to be able to provide all employees in the longshores and harbors the exact same type of coverage.
This coverage is decided by the location of the employee’s work and if he or she is known as to have normal relationship to maritime employment. This act really helps to cover the gap in coverage that The Jones Act leaves open. Because The Jones Act only covers sailors and not state workers the LHWCA was implemented to insure that they had proper compensation for injuries.
The LHWCA not just covers those in waters but in addition those working around or near bodies of water. These areas, called adjoining areas, include docks, piers, terminals, dock facilities, loading, unloading and repairing zones and areas vessels are assembled long beach accident attorney. These areas are clearly defined in the clause. However, coverage becomes less lucid when analyzing certain other “not so adjoining” work spaces. Some shoreside activities are observed quite a distance far from the loading zone, docks, or piers and it’s not clear should they fall underneath the protection of the act.
As an example, an individual in a manufacturing plant that produces parts for vessels would be covered underneath the LHWCA. Obviously there are numerous stipulations when dealing with an injury or disease contracted from the facility similar to this so it’s wise to make contact with a skilled attorney if such a scenario arises.
So what sort of benefits are given for those who are injured and included in the LHWCA? There are many benefits that can be used to compensate injured employees of maritime occupations.
These benefits include:
medical and health advantages for diseases that are contracted because of the employee’s occupation as a maritime worker
providing full rehabilitation services
Health and medical payments for the total amount needed to provide adequate care
Funeral expenses as much as $3000 and death benefits for dependent family members
When working with the LHWCA it is vital to keep in mind that there’s an occasion limit on how long you can wait before filing your claim with them. An injured worker must file their claim within 30 days of the injury’s occurrence. When this please make sure you contact an attorney before any settlements are made to make sure the correct benefits are given for the injured and affected parties.