New Jersey Injury Lawyers for Longshoremen

Longshoremen Injury Attorneys in Clark, NJ Dedicated to Protecting Injured Workers in Essex County, Hudson County, Middlesex County, Union County, and Throughout NJ

Longshoremen and harbor workers have some of the most dangerous jobs not only in New Jersey but nationwide. Serious health issues, including extremity injuries, are common work injuries in these occupations. When injuries or occupational illnesses occur in these hazardous work environments, you’re entitled to benefits under federal law. Getting these benefits can be a complicated ordeal, but Team Law’s New Jersey injury lawyers for longshoremen can guide you through the claims process and ensure you receive all the benefits you deserve. 

Team Law makes getting help for a longshoreman work injury easy, with 24/7 availability, free initial consultations, and quality legal representation available at no upfront cost. To get started, contact us today. 

Longshoremen Work Injury Claims in New Jersey 

The longshoreman industry is big in New Jersey, where the American Maritime Partnership reported 15,670 domestic maritime industry jobs. It’s also a hazardous line of work that can leave injured employees unable to earn a living and in need of extensive medical treatment.

In the course of their duties, longshoremen, shipbuilders, repairmen, and other harbor workers are constantly surrounded by heavy equipment, machinery, and tools that could cause injuries, especially if any party involved fails to use reasonable care. These tools are used to perform potentially dangerous tasks, like lifting, loading, welding, and cutting. 

These hazardous environments present numerous risks to New Jersey workers. Accidents, overexertion, and exposure to toxic substances on the job can leave longshoremen seriously injured. A particular concern in this industry is extremity injuries, which in many cases can be life-threatening or limb-threatening. 

Your Rights to Work Injury Benefits as a Longshoreman 

Although injured employees in most other industries in NJ are entitled to benefits under the state workers’ compensation system, this system doesn’t apply to longshoremen. Instead, it’s federal law, in the form of the Longshore and Harbor Workers’ Compensation Act (LHWCA), that provides benefits for certain types of injured maritime employees and for civilian employees on military bases worldwide.

Who Is Covered Under the Longshore and Harbor Workers’ Compensation Act? 

The LHWCA provides for the payment of compensation, medical care, and vocational rehabilitation services, but only for eligible employees and covered situations. Under this law, the disability or death prompting the claim for benefits must result from an injury occurring upon the navigable waters of the United States. This provision includes not only accidents occurring in the water but also in or on any adjoining: 

Determining eligibility for work injury benefits under the LHWCA also means understanding what, in this context, constitutes an employee. For purposes of the LHWCA, the term “employee” means any person engaged in maritime employment who does not constitute “a master or member of a crew of any vessel” or an individual employed exclusively to perform office or clerical duties. (Those excluded by the Longshore Act may be covered under the Jones Act or by a state workers’ compensation law.)

Generally, workers who qualify for benefits under the Longshore and Harbor Workers’ Compensation Act include: 

The nuances of the LHWCA and other work injury regulations can make it difficult for injured longshoremen to know exactly how to proceed with securing compensation. Team Law’s New Jersey injury lawyers for longshoremen can help you sort out avenues for compensation and identify your next steps. 

Benefits Injured Longshoremen Are Entitled to Under the Longshore and Harbor Workers’ Compensation Act

As an injured longshoring employee, the types of compensation you could be entitled to include the following. 

Permanent Total Disability 

If an injured worker suffers a total disability that is determined to be permanent, they generally qualify for two-thirds of their average weekly wages during the continuance of the total disability. 

The LHWCA does not prohibit the receipt of both Social Security Administration benefits and permanent total disability benefits under the LHWCA. However, the Social Security Administration may reduce the benefits it pays to you based on the amount of workers’ compensation payments you receive. You may be responsible for notifying the Social Security Administration if you receive both Social Security and Longshore benefits to ensure that you have not been overpaid.

What determines whether your injuries count as permanent total disability? Certain injuries always constitute permanent total disability in the absence of conclusive proof to the contrary. These injuries include: 

In all other cases, permanent total disability shall be determined in accordance with the facts. That means you may qualify for permanent total disability even if your injuries do not meet these criteria, depending on the specifics of your situation. 

Temporary Total Disability 

Often, the injuries longshoremen suffer on the job constitute a disability that is total but temporary. This sort of injury keeps you out of work completely for some time while you receive treatment and recuperate. While the temporary total disability continues, you will generally be paid two-thirds of your average weekly wages. 

Temporary Partial Disability 

If an injury keeps you from performing your job but still allows you to work in some capacity while you’re recovering, you might receive temporary partial disability payments. During the period of disability, you would receive compensation paid at two-thirds of your loss of earning capacity, calculated based on the difference between the average weekly wage you earned at the time of injury and what you are able to earn after the injury, while you are still recovering.

Permanent Partial Disability 

Some injuries are only partially disabling but permanent in duration. In case of a permanent partial disability, the compensation shall be two-thirds of the employee’s loss of earning capacity, based on their average weekly wages at the time of the injury and their average weekly wages following the injury.

Some such payments, awarded for permanent impairment or loss of use of specified body parts, are paid for a specified period of time in what is called “Scheduled PPD.” Compensation for permanent losses of other kinds may be awarded as “unscheduled PPD,” payable for as long as the disability continues. 

Death Benefits 

A widow, widower, or other eligible survivor may receive death benefits for a work injury that led to the longshoreman’s death. Generally, these benefits include: 

Getting the full amount of longshoremen injury benefits you’re entitled to affects your future. Our knowledgeable New Jersey injury lawyers for longshoremen can help you attain the maximum compensation you deserve. 

Extremity Injuries and Compensation for Disfigurement or Loss of a Body Part

Extremity injuries, which often are severe enough to result in limb loss, are such common concerns in longshore injury matters that there’s an established compensation schedule for a permanent disability involving the loss, or loss of use, of specific body parts. This compensation schedule, which is paid in addition to compensation for temporary total or partial disability, includes the following: 

These injuries are serious and can inflict permanent changes upon your life, so you need to get every dollar of compensation you deserve under all aspects of LHWCA benefits. Our New Jersey injury lawyers for longshoremen can help you obtain the full scope of benefits you may be entitled to under the law.

How Team Law Can Help Injured Longshoremen Get Their Full Benefits 

The Longshore and Harbor Workers’ Compensation Act program entitles injured workers to benefits, but Team Law’s longshoremen injury attorneys in Clark, NJ, aid clients in actually securing the benefits they deserve. 

On their own, injured workers can find the claims process prohibitively difficult, adding unnecessary stress to their road to recovery while often dragging out the procedures of getting compensation. Fortunately, you don’t have to go through this alone. Our longshoremen injury attorneys in Clark, NJ, are here to help. 

Thorough LHWCA Case Preparation 

Our experienced attorneys take charge of your case, ensuring every aspect of the workplace accident and the full extent of your injuries and treatment are documented. Extensively documenting all of the facts of your LHWCA case is essential for making your claim a success. 

Assistance for Every Obstacle 

In any case that involves complex work injury matters, the potential exists for challenges like insurers or employers disputing or denying claims. With us on your side, you’ll never have to stress over the obstacles that could arise. Not only does our approach to your case typically make the process go more smoothly, but we’re prepared to confront these issues in the event that they do arise. 

Why Choose Team Law as Your New Jersey Injury Lawyers for Longshoremen

What makes Team Law’s longshoremen injury attorneys in Clark, NJ, stand out? 

When dealing with a longshoreman work injury, you need someone to turn to for guidance, legal advice, and reassurance. Team Law is here for you. 

Contact the New Jersey Injury Lawyers for Longshoremen at Team Law Today for a Free Consultation

Don’t attempt the aggravating process of securing financial benefits after a longshoreman work injury on your own. Approach your claim with the confidence that having professional legal guidance provides. 

For help from skilled longshoremen injury attorneys in Clark, NJ, contact Team Law online or call us today.

Frequently Asked Questions About Longshoremen Injury Claims in New Jersey

Do injured longshoremen get benefits? 

Yes, longshoremen injured on the job are entitled to medical benefits under the Longshore and Harbor Workers’ Compensation Act. These benefits generally include medical coverage and compensation for your lost income. 

How can I get benefits for a longshoreman accident?

If you are a longshoreman injured on the job, take the following steps right away:

-Notify your employer immediately. If possible, ask your employer for a Form LS-1, which authorizes treatment by a doctor of your choice. 
-Seek medical treatment as soon as possible. An injured worker may choose their own initial treating physician, but there are restrictions, such as the instances in which a chiropractor may or may not be your treating physician. 
-Give written notice of your injury to your employer within 30 days by filling out Form LS-201. (Additional time is provided for certain hearing loss and occupational disease claims.) 
-File a written claim for compensation by completing Form LS-203 within one year after the date of injury or the last payment of compensation, whichever is later. 

When you settle your claim, the signed settlement agreement must be submitted to the U.S. Department of Labor for approval. The District Director or the Administrative Law Judge will approve or deny the settlement within 30 days of receipt of the settlement agreement. 
If approved, the employer or insurance company must pay the lump sum settlement within ten (10) days of the Order Approving Settlement. Failure to pay the settlement in a timely manner may result in additional compensation for the late payment.
Throughout the claims process, there are legal nuances, fact-specific exceptions to certain rules and deadlines, and opportunities by which the employer or insurance company may delay, dispute, or seek to deny the claim. For example, if a dispute arises concerning the necessity of treatment, the frequency of treatment, the type of treatment provided, or the amount of fees billed, the Longshore District Director (or his/her designee, the Claims Examiner) will attempt to resolve the dispute informally. When the parties cannot agree on an acceptable result, the District Director may refer the dispute for a formal hearing by an Administrative Law Judge. 
You may also face obligations that, if not met, could result in the suspension of your benefits. The insurance carrier may schedule a medical evaluation with a doctor of its choice at a reasonable distance from your residence. You must attend the medical examination or risk suspension of your compensation.
These challenges make having experienced longshoremen injury attorneys in Clark, NJ, on your side advantageous. The sooner you bring on skilled legal representation, the more we can do to help the claim proceed efficiently. 

How much does it cost to hire New Jersey injury lawyers for longshoremen to help me with my claim?

The regulations regarding attorneys’ fees in longshoreman work injury claims are complex. One important fact to know is that Team Law provides legal representation for longshoreman injury matters at no upfront cost. 
If the employer or insurance company has denied any portion of your claim and you subsequently obtain greater benefits with the assistance of an attorney, the employer or insurance company may be responsible for paying your attorney’s fees and costs. In some circumstances, you may be responsible for paying the attorney fees and costs yourself. If the attorney is not successful in winning greater benefits, no fees or costs will be assessed against the employer or insurance company. 
An attorney may not collect a fee unless that fee is approved by the Office of Workers Compensation Programs (OWCP), the Office of Administrative Law Judges, or the courts. Under the LHWCA, an attorney may not collect a retainer fee or receive a contingency fee (a percentage of your award) for representing you in your claim. 
All requests for attorney fees must be submitted to the OWCP, the Office of Administrative Law Judges, or the courts for approval. Fees must be reasonable in relation to the prevailing rates in the attorney’s local area, the time spent on your case, the experience of the attorney, the quality and complexity of the work performed, and the amount of benefits awarded.

Do I need an attorney to claim LHWCA benefits? 

There is no legal requirement that injured workers hire an attorney to assist them with the claims process, but the U.S. Department of Labor called it “advisable” to consult an attorney.
Having an attorney representing you in a work injury matter is particularly advantageous if your case involves any of the following: 

-Serious, life-changing injuries, such as limb loss and extremity injuries 
-Disputes or complexities related to the cause of the injury, the extent of the injury, your treatment, or the extent of your disability 
-Any claim disputes or delays, including those arising out of problems with paperwork or inadequate documentation

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