The Houston offshore industry thrives on the dedication of hard-working men and women who brave the elements and potential hazards to keep our maritime commerce flowing. Unfortunately, accidents can happen on the water or while working near vessels, leaving workers injured and unsure of their rights.
While the Jones Act protects certain maritime workers by providing them with extensive compensation rights, it applies specifically to a category of workers known as "seamen." These are individuals who contribute directly to the function and navigation of a vessel at sea. They're considered extensions of the ship itself and face unique dangers.
However, the maritime industry employs a broader range of workers who play vital roles but wouldn't necessarily be classified as traditional "seamen" under the Jones Act. This is where the Longshore and Harbor Workers' Compensation Act (LHWCA) comes in.
The Jones Act vs. The Longshore Act: Who Gets What Protection?
While both the Jones Act and Longshore Act provide compensation for maritime injuries, they cater to distinct groups. The Jones Act protects seamen on vessels, while the Longshore Act offers support for harbor workers who aren't classified as seamen.
Jones Act Coverage (Seamen on Vessels in Navigation)
The Jones Act offers injured seamen significant advantages. It allows them to sue their employers for negligence, and if even partial employer fault is proven, they can recover compensation for things like medical expenses, lost wages, pain and suffering, and even future lost wages.
Longshore Act Coverage (Harbor Workers Not Considered Seamen)
The Longshore Act (LHWCA), on the other hand, provides a different type of safety net for a wider range of maritime workers who are not considered "seamen" under the Jones Act. These workers typically perform essential tasks around vessels but may not contribute directly to navigation. Here are some examples of workers typically covered by the LHWCA:
- Longshore workers: These are the dockworkers who load and unload cargo ships, ensuring a steady flow of goods across the seas. Their jobs can involve heavy lifting, operating machinery, and working in potentially dangerous conditions.
- Harbor construction workers: They build and repair the vital infrastructure that keeps our ports operational, such as piers, docks, and other harbor structures. These workers are often exposed to hazards like falls from heights, falling objects, and working near heavy machinery.
- Shipbuilders and repairers: These skilled professionals are responsible for constructing new vessels or fixing existing ones. Their work can involve welding, cutting, painting, and working in confined spaces, all of which can pose serious safety risks.
- Divers: Employed for underwater construction, maintenance, or inspection, divers face unique dangers like decompression sickness, drowning hazards, and equipment malfunction.
Essentially, if your job involves working on navigable waters of the United States, or adjacent areas that are customarily used for loading, unloading, repairing, dismantling, or building a vessel, and you're not a traditional "seaman," the LHWCA might be your source of compensation if you're injured on the job.
Key Provisions of the Longshore and Harbor Workers’ Compensation Act
The LHWCA offers a variety of benefits to eligible injured workers, providing some financial security during a difficult time. Here's a closer look at the key provisions:
Types of Covered Injuries and Illnesses
The LHWCA doesn't discriminate between sudden traumatic injuries and occupational illnesses. This means that if you suffer a physical injury due to an accident on the job, such as a slip and fall, getting struck by an object, or machinery malfunction, you may be covered. It also covers illnesses caused by workplace conditions, such as respiratory problems from exposure to asbestos or other hazardous materials.
Medical Benefits
Medical treatment is crucial for recovery after a work injury. The LHWCA covers all necessary and reasonable medical treatment related to your work injury. This includes doctor visits, hospital stays, physical therapy, medications, and any other medical care deemed essential by a qualified physician.
Disability Benefits
If your injury prevents you from returning to work entirely, or if it limits your ability to earn a living in your previous capacity, you may be entitled to partial or total disability benefits under the LHWCA. These benefits are calculated based on your average wages before the injury and are designed to help replace some of your lost income.
Death Benefits
In the tragic event that a work-related injury results in death, your dependents may receive financial compensation from the LHWCA. This can help alleviate some of the financial burden during a time of grief and allow them to focus on healing.
Filing a Claim Under the Longshore Act
The Longshore and Harbor Workers' Compensation Act (LHWCA) process can be complex and filled with deadlines. Missing crucial steps can jeopardize your claim. Here are the general steps involved:
- Promptly Report the Injury: Notify your employer of the work-related injury within 30 days of its occurrence or within 30 days of realizing you have a work-related disability. Don't rely solely on a verbal report; follow up with a written report using Form LS-201 to ensure official documentation.
- Seek Medical Attention: Obtain necessary medical care for your injury. A detailed medical record documenting your condition and its connection to the workplace accident is vital for your claim.
- Consult a Lawyer: The LHWCA can involve intricate legal issues, especially if your employer contests your claim. An experienced maritime attorney can advise you of your rights, ensure you meet all deadlines, gather evidence to support your case, and represent you throughout the entire claim process.
Jolly Roger Law: Navigating Legal Waters for Injured Seamen
If you've been injured working offshore, even if you don't qualify under the Jones Act, the Longshore and Harbor Workers' Compensation Act may be able to help. At Jolly Roger Law, our Houston offshore accident lawyers have extensive experience handling LHWCA claims. We can help you understand your rights, navigate the complexities of the Act, and fight for the compensation you deserve. Contact Jolly Roger Law today for a free consultation.