LHWCA benefits are administered by the Department of Labor's Office of Workers' Compensation Programs. The Central Case Creation location for all new claims is in New York, New York.
The Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 901 et seq., provides compensation benefits for the duration of your disability, along with lifelong medical care causally-related to your injury. In short, upon sustaining a disabling work-related injury, you are entitled to Temporary Total Disability ("TTD") compensation benefits calculated by taking 2/3's of your average weekly wage. TTD benefits continue until you reach a point of Maximum Medical Improvement ("MMI"). Following attainment of MMI, your doctors will examine you to determine if you suffer any permanent impairment preventing you from returning to your regular employment. In the event you suffer permanent impairment, you may be entitled to lifelong permanent partial disability compensation benefits ("PPD"), or permanent total disability compensation benefits ("PTD").
crane operators, and bridge workers are generally covered under the federal longshore and harbor workers' compensation act. WORKERS AT large construction projects such as the tappan zee bridge project ("The NEW NY BRIDGE") SHOULD BE ADVISED OF ALL OF THEIR RIGHTS TO DISABILITY BENEFITS UNDER THE LHWCA AND POTENTIAL STATE LAWS. CALL DIAMOND LAW PRACTICE, PLLC TODAY FOR A FREE CASE ASSESSMENT.
Barge workers, port workers, oil & gas gaugers, and port employees are typically covered under the longshore and harbor workers' compensation act so long as they pass the situs and status test. "status" requires that the injured worker be performing maritime activities at the time of his injury such as ship repair, loading or unloading cargo, etc. "situs" requires that the injury occur on or near an area adjoining a navigable waterway used in maritime activities such as a dock, pier, dry dock, or wharf.
In addition to your entitlement to benefits under the Longshore & Harbor Workers' Compensation Act, you may be entitled to additional damages due to the negligence of a third party, or vessel owner. These claims are known as "third party claims" and are ultimately subject to a lien exercised by your longshore insurance carrier.
John-Austin Diamond is an experienced attorney who can help get you the benefits you deserve under the Longshore & Harbor Workers' Compensation Act. Navigating this complicated area of law is difficult, especially without an attorney advocating on your behalf. In my experience, I find that more is lost with indecision than by wrong decision. Please call us today for a free claim evaluation. My representation and dedication to your case will cost you nothing. My attorney fee is paid by the insurance company, is separate from any award you may receive, and is approved by the Department of Labor.