CALL NOW
New Jersey Longshore and Harbor Workers’ Compensation Act Lawyers
LHWCA Attorneys in Clark, NJ Focused on Longshore and Harbor Workers’ Compensation Act Cases in Essex County, Hudson County, Middlesex County, Union County, and Throughout NJ
For injured maritime workers in longshoring operations, federal law provides for much-needed benefits such as medical coverage and lost wages compensation. Although you’re legally entitled to these benefits, getting this compensation can be a time-consuming and difficult matter. When you have Team Law’s New Jersey Longshore and Harbor Workers’ Compensation Act lawyers advocating for you, the claims process can go much smoother due to our diligent case preparation, and you can be sure you’re getting the full benefits you’re eligible to receive.
Don’t spend another minute stumbling through the legal process on your own and trying to get insurers to pay what your claim is worth. Contact Team Law today for help navigating the legal process and securing maximum benefits under the law.
Longshore and Harbor Workers’ Compensation Act Claims in New Jersey
The federal Longshore and Harbor Workers’ Compensation Act (LHWCA) establishes the benefits injured workers in these occupations are entitled to and the process by which they can secure these benefits. LHWCA claims for compensation are common in New Jersey, which is home to the 11th largest number of maritime industry workers in the nation—15,670, as the American Maritime Partnership reported.
Injured Longshoremen and Harbor Workers’ Rights Under the LHWCA
Under the Longshore and Harbor Workers’ Compensation Act, workers covered by the law are provided certain rights and protections, including:
- Receiving compensation for medical expenses arising out of your injury
- Choosing your own physician, an opportunity that is generally not available to injured employees covered under New Jersey’s workers’ compensation system
- Receiving temporary total disability benefits in the amount of two-thirds of your average weekly wage during the time your doctor has said you’re unable to work
- Receiving temporary partial disability payments in the amount of two-thirds of the difference between your earnings prior to the injury and your earnings following the injury
- Receiving permanent total disability benefits if your injuries keep you from working long-term
- Receiving permanent partial disability payments if your injuries permanently affect your ability to work in your job but you can still work in other capacities
- Filing a claim without fear of repercussions thanks to language that provides workers terminated for seeking benefits with the right to be reinstated to work and receive back wages
In addition to the rights established by the LHWCA, there are also limitations. For example, you generally can’t sue your employer for your work-related injury, even if its negligence caused or contributed to the injury. In the LHWCA claims process, you’re required to meet certain legal deadlines or risk losing your opportunity to secure compensation.
Coverage of Longshoremen and Harbor Workers’ Injuries
Generally speaking, injured longshoremen and harbor workers are entitled to medical benefits that cover a wide array of medically reasonable and necessary expenses, including those of:
- Diagnostic tests
- General medical treatment
- Surgical treatment
- Hospital treatment
- Prescription medications
- Physical therapy
- Hearing aids
- Medical supplies
- Medical services
- Attendant care
- Any costs of traveling for treatment
Generally, the LHWCA covers any documented injury sustained in the course of employment for covered workers. In particular, workers often seek benefits under the Longshore and Harbor Workers’ Compensation Act for injuries such as:
- Extremity injuries, including limb loss or loss of use of the hands, arms, legs, and feet
- Hearing loss
- Injuries to the head, neck, and back
- Cumulative or repetitive strain injuries
- Injuries that aggravate a preexisting condition
The specific injuries you sustained matter in your claim for LHWCA benefits. In matters involving permanent partial disability, for example, compensation for specific losses is payable for different lengths of time according to a set compensation schedule.
To ensure you receive all the benefits you’re entitled to, it helps to consult experienced New Jersey Longshore and Harbor Workers’ Compensation Act lawyers.
What to Do After Suffering a Work Injury as a Longshoreman or Harbor Worker
If you were hurt in the course of your work as a longshoreman or in a similar occupation, you need to take the right steps now to preserve your legal rights and your future ability to secure benefits.
Step 1: Notify Your Employer
Because the LHWCA only applies to injuries sustained in the course of employment, it’s essential that you establish that this injury, accident, or hazardous exposure occurred at work. Notify your employer of the incident as soon as possible. Although a brief conversation with your supervisor may constitute the initial notice of the injury, it’s important to follow up with a written notice of the injury shortly after.
Step 2: Seek Medical Care Promptly
Diagnosing and treating your work-related injuries requires qualified medical care. Under the LHWCA, you’re permitted to choose your initial treating physician yourself rather than your employer or its insurer making this choice for you. If your injuries do not necessitate emergency care, request a copy of Form LS-1 from your employer so you can get treatment from the doctor of your choice authorized. Of course, in injuries that are life-threatening or limb-threatening, there may not be time for such paperwork before seeking medical care.
Step 3: Document Everything
From the beginning of your claim, it’s important to document all aspects of the case, including:
- The facts that show that your injury was work-related
- The medical records establishing your diagnoses and medically necessary treatments
- The extent of your disability arising out of the injury
The more facts you have to support your case, the stronger your claim for compensation will be. Your case can benefit from documentation such as:
- Your written account of the accident, your injuries, and how they impact your life
- The names, contact information, and accounts of anyone who witnessed the accident
- Any photos or videos that establish the facts of the accident, such as where, when, and how it occurred
- Your medical records, which ideally include a thorough overview of your injuries and the pain, limitations, and loss of function they cause you
Some documentation, like photos of the accident scene, must be gathered early on. If you can safely do so without worsening your injuries or putting your health at further risk, gathering this documentation immediately after the accident can be valuable.
Step 4: Be Prepared to Meet All Procedural Requirements
Be aware that there are deadlines you must meet and paperwork you must file. For example, you need to provide written notification to your employer and the federal Office of Workers’ Compensation Programs within 30 days of the accident by means of Form LS-201 and file your claim within one year using Form LS-203.
Step 5: Retain Seasoned LHWCA Attorneys in Clark, NJ, to Represent You
In a claim for LHWCA benefits, there are a lot of technicalities, moving parts, and legal requirements. Managing it all yourself, all while working toward recovery from your injuries, is a hassle at best and, at worst, could result in you not receiving the compensation you deserve. Team Law’s New Jersey Longshore and Harbor Workers’ Compensation Act lawyers are prepared to guide you through the claims process and seek maximum benefits on your behalf.
How Team Law Can Help Injured Harbor Workers Get Benefits
An attorney can bring considerable value to a claim for LHWCA benefits. Team Law secures maximum compensation for our injured longshoremen clients through our focus on results and painstaking documentation of the facts.
Results-Oriented Approach
Our goal is always to secure the full amount of benefits injured harbor workers are entitled to under the law. We approach your case with this priority in mind because we know how important receiving maximum benefits is to making you financially whole.
Meticulous Documentation
Documenting the full facts of the matter allows us to build you a strong foundation and a compelling claim for benefits. Providing extensive evidence supports all aspects of your claim to pave the way for a smoother and more efficient claims process.
Why Choose Team Law?
For LHWCA benefits claims, there’s no doubt that having experienced New Jersey Longshore and Harbor Workers’ Compensation Act lawyers gives you an advantage. Team Law stands out due to our experience, compassionate commitment to helping injured workers, and opportunity to get legal help without upfront fees.
- Decades of legal experience: Team Law has been known throughout New Jersey for providing skilled legal representation for more than 60 years.
- Compassionate commitment to advocating for injured workers: Our longstanding mission is to help people, not corporations. We have a strong reputation for standing up to employers and insurance companies to fight for what our clients deserve.
- Skilled claims assistance at no upfront cost: You’ll pay nothing upfront to have your case evaluated or have Team Law’s LHWCA attorneys in Clark, NJ, represent you throughout the course of your claim.
When it’s time to pursue the full amount of benefits you deserve, it’s time to bring on the experienced lawyers at Team Law.
Contact the New Jersey Longshore and Harbor Workers’ Compensation Act Lawyers at Team Law Today for a Free Case Evaluation
Getting legal help from Team Law may be the only easy part of the entire ordeal you’re going through. With a phone call or a simple online form, you can get your claim started at no cost. Throughout the claims process, we’ll handle the various hassles involved in documenting your injury and formally filing claim paperwork, removing some of the burdens you’re facing so you can focus on your health.
For help from experienced LHWCA attorneys in Clark, NJ, contact Team Law online or call us today.
Frequently Asked Questions About Longshore and Harbor Workers’ Compensation Act Claims in New Jersey
The LHWCA is a federal law that establishes the rights of injured longshoremen and harbor workers of various kinds to benefits such as medical care and compensation for lost wages.
To recover this compensation, you need to go through a claims process that is often complex and challenging. You need to thoroughly document the cause of your injury to prove that it is work-related and the extent of your medical needs, treatment, and disability. Often, injured workers find that hiring knowledgeable LHWCA attorneys in Clark, NJ, to assist them with claims helps make the process of attaining benefits go more smoothly.
The LHWCA generally applies to longshoremen, harbor workers, shipbuilders, ship repairmen, shipbreakers, and others engaged in longshoring operations. For an injury to count as work-related, it must occur upon the navigable waters of the United States, extending to piers, wharves, docks, and areas used for loading, unloading, or building ships. Certain exceptions can exempt a worker from coverage under the LHWCA, including employment in roles that exclusively involve clerical work and as “a master or member of a crew of any vessel.”
If you’re not covered under the LHWCA specifically, you might be covered by an extension of this law or another regulation or program. Our maritime worker’s compensation attorneys can help you explore all of your options, including benefits that may be available through any of the following:
-The Defense Base Act (DBA), which generally applies to employment by federal government contracts, private employers, and others on military defense bases or in support of the Armed Services outside the U.S.
-The Outer Continental Shelf Lands Act (OCSLA), which applies to employees of private industry conducting certain operations related to the exploration and development of natural resources on the Outer Continental Shelf of the United States
-The Non-Appropriated Fund Instrumentalities Act (NAFIA), which applies to civilian employees of non-appropriated fund instrumentalities of the Armed Forces.
-The Jones Act, which generally covers seamen not covered under the LHWCA
Legal deadlines are important in the claims process, and missing them could result in losing your right to compensation. Generally, you must notify your employer of the injury within 30 days and file your claim with the federal Department of Labor and your employer within one year.
Managing these deadlines, in conjunction with tasks like documenting your damages and filing all required paperwork, can be daunting when you’re already dealing with serious injuries. In some instances, even figuring out when these time limits begin and what specific exceptions may apply to your situation can be complicated.
It’s often in injured employees’ best interests to consult experienced New Jersey Longshore and Harbor Workers’ Compensation Act lawyers, who can help them understand deadlines and build a strong case for compensation as early as possible.
When you are covered under the Longshore and Harbor Workers’ Compensation Act, you are not permitted to sue your own employer for a work injury. Even if your employer’s negligence caused your accident, your recourse against your employer is limited to receiving the benefits you’re entitled to under the LHWCA.
However, there may be situations in which injured longshoremen and harbor workers can sue a different party for a work injury. These are called third-party claims and can involve any negligent entity other than your own employer or coworkers. For example, it may be possible to sue the manufacturer of a defective product, such as equipment or machines, or a negligent contractor or vendor responsible for unsafe conditions on ships, docks, warehouses, and buildings used in longshoring operations.
Team Law is outstanding. Everyone is courteous and knowledgeable and I felt that I got the personal attention that I needed.
what our clients are saying
