New Orleans Longshoreman Injury Lawyer
Longshoremen hold one of the most dangerous occupations in New Orleans. Because you work around heavy machinery and perform demanding physical labor in hazardous conditions, injuries are common among Maritime workers. Injured longshoremen have the opportunity to seek medical and wage replacement damages—through a workers’ compensation claim—when they get injured on the job. A New Orleans Longshoreman injury lawyer at Lunsford Baskin & Priebe, PLLC will help you throughout this complex and often contentious process to ensure that you and your family receive the financial support you have earned.
The Longshore and Harbor Workers’ Compensation Act
Most employees, whether they are construction workers or office workers, can only seek partial wage replacement, medical treatment expenses, and vocational training costs through a workers’ compensation claim. However, as a longshoreman, your occupation is further protected by the Longshore and Harbor Workers’ Compensation Act (LHWCA). The LHWCA, which is a federal law, mandates two-thirds wage replacement compensation, vocational training expenses, disability benefits, and medical coverage to longshoremen who get injured on the job, develop a chronic injury due to their work, or succumb to various illnesses caused by workplace exposure. It also enables injured longshoremen to sue non-employer third parties, such as a ship operator, for negligence. Such personal injury lawsuits can seek extensive damages for pain and suffering, loss of joy of life, full wage replacement and lost earning capacity, and more.
You Do Not Have to Prove Fault
As an injured or ill longshoreman, you do not have to prove that your employer was at fault for causing your injury in order to receive benefits under the LHWCA. Furthermore, LHWCA claims are filed with the Federal Department of Labor, which has its own set of rules and time limits that differ from those of state courts where other workers’ compensation claims are filed.
Who is Eligible Under The Longshore and Harbor Workers’ Compensation Act?
At least some of an employee’s duties must be considered “maritime” in order to be covered by the LHWCA. This typically includes longshoremen, loaders/unloaders, repairmen, ship-breakers, and ship builders. Furthermore, the employee must work around or near water to be covered by the Act.
Wrongful Death Benefits
Wage replacement compensation, funeral and burial costs, and medical costs are available to surviving family members of longshoreman who lose their lives on the job or due to illnesses caused by their work. Additionally, surviving family members may be able to bring a lawsuit against any liable third party, and thereby seek additional damages such as loss of consortium, loss of lifetime earnings, emotional distress, and more.
Call a New Orleans Longshoreman Injury Lawyer Today
Whether you were injured on the job or you have developed a chronic overuse injury such as a herniated disc or tendonitis, you are entitled to compensation under the Longshore and Harbor Workers’ Compensation Act, and our New Orleans longshoreman injury lawyers can help you receive the benefits that you are owed. Call Lunsford Baskin & Priebe, PLLC today at 601-488-3975 to schedule a no-cost consultation today.