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If you are a dock worker or longshoreman who has been disabled or injured in the Port of Houston or Gulf Coast, contact a maritime attorney at Kirkendall Dwyer LLP. Our maritime attorneys specialize in harbor workers’ injury claims. We want to help you recover the compensation to which you are entitled.
Did you know that the federal LHCWA (Longshoreman and Harbor Workers Compensation Act) allows harbor workers including crane operators, longshore checkers, stevedores, shipbuilders, terminal workers, marine construction workers, vessel repair workers, and dock workers, among others, to recoup costs of medical care and two-thirds of their average weekly wages during periods of disability due to injury on the job? The LHCWA also applies in certain instances to gas or oil rig employees working from fixed offshore platforms.
These benefits are payable without regard to an employer’s negligence. As a result, your recovery will be less than the damages recovered in a case where employer negligence is proven, such as in a Jones Act claim. However, the benefit to LHWCA claims are that they are easier to prove.
The LHWCA prohibits an injured harbor worker from suing his or her employer but allows the worker to file a claim against a third party, such as an equipment manufacturer or ship owner, for all damages provided for by general maritime law or state law.
The LHWCA’s worker’s compensation-type scheme also provides survivor and wrongful death benefits, and providers workers with coverage for diseases arising from their occupations.
The maritime attorneys of Kirkendall Dwyer LLP can help you determine if you have legal grounds to recover under the LHWCA. Our experienced maritime attorneys will also advise you as to the best strategy that will result in the most complete recovery for you.
Find out more about your rights as an injured longshoreman or harbor worker by contacting Kirkendall Dwyer LLP today and speaking directly with a maritime attorney who understands what you need to recover the compensation you deserve.