Are You a Longshoreman in New Orleans? Here’s What You Need to Know if You are Injured on the Job
The job of a longshoreman is certainly no easy task. Longshoremen work long hours loading and unloading heavy cargo from ships, trucks, and other modes of transport out on the waterfront. Accordingly, with a number of hazards present on the job every day, longshoremen have a great risk of getting injured on the job to the point that they cannot work. However, unlike most other workers in Louisiana, special federal laws apply to Longshoremen that help protect them and keep them on their feet when they are injured and out of work. To better help Louisiana workers understand the rights of longshoremen when it comes to workplace injuries, we have put together a short primer on the law.
What is a “Longshoreman” Under the Law?
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that “provides compensation, medical care, and vocational rehabilitation services to employees disabled from on the job injuries that occur on the navigable water of the United States or in adjoining areas customarily used in the loading, unloading, repairing, or building of a vessel.” Under the LHWCA, “longshoremen” are defined as “…employees in traditional maritime occupations such as longshore workers, ship-repairers, shipbuilders or ship-breakers, and harbor construction workers.” In short, longshoremen are those workers who work in traditional occupations that are in the maritime industry. However, importantly, the law also covers non-maritime employees if they perform work on navigable water and their workplace injuries occur there.
Are all Injuries Covered Under the LHWCA in Louisiana?
Under the LHWCA, covered injuries only occur “…on the navigable waters of the United States or adjoining areas, including piers, docks, terminals, wharves, and those areas used for loading and unloading vessels.”
How Do Louisiana Workers Compensation Laws and the LHWCA Work to Protect Injured Longshoremen?
The LHWCA provides added protection to injured Louisiana longshoremen. First, the LHWCA provides covered and eligible injured longshoremen with two-thirds wage replacement compensation, disability benefits for their injuries, medical coverage, and other important benefits to get them back on their feet and to help them survive in the meantime. In addition, the LHWCA allows injured longshoremen to bring a claim against third-parties who are responsible for their workplace injury, such as a negligent truck driver or other third-party actor. Damages under personal injury laws can be significant.
Justice for Injured Longshoremen in Louisiana
If you are a longshoreman and you have been injured on the job in Louisiana, it is important to speak with an experienced Louisiana longshoreman injury lawyer as soon as possible about your rights and options. The experienced Louisiana longshoreman injury lawyers at Lunsford Baskin & Priebe offer a free and confidential consultation to learn about your injury and to see if they can help fight for you to get benefits and other compensation due. Contact Lunsford Baskin & Priebe today and speak to an experienced Louisiana longshoreman injury lawyer about your case for free.
Source:
dol.gov/agencies/owcp/dlhwc/FAQ/lsfaqs#OVERVIEW
