In Louisiana, maritime travel is a regular part of life, and the way in which a lot of local residents earn their living. Unfortunately, working on or near boats as a longshoreman, harbor worker, or someone involved in maintaining, loading, and unloading commercial vessels can be much more dangerous than many other types of jobs. That is especially true if your employer does not do enough to keep you reasonably safe on the job in the Bayou area.
Fortunately, you may have multiple options for seeking financial recovery after getting hurt or sick from this type of work. A skilled maritime injury attorney can take full advantage of those options. With a Houma longshore and harbor workers accident lawyer on your side, you will have a better chance of getting paid the money you need to make up for your injuries than if you tried to pursue a claim on your own.
Instead of traditional workers’ compensation, most people who work in docks, shipyards, or other places servicing docked boats are covered by a piece of federal legislation called the Longshore and Harbor Workers’ Compensation Act (LHWCA). If these workers get hurt or sick as a direct result of their working conditions, they can file a claim under the LHWCA for benefits like reimbursement of medical bills, compensation for lost wages, and even job retraining services if they are unable to return to their old job.
The LHWCA is only meant for people who spend the majority of their time ashore and working directly on boats. Sailors who spend most of their working time away from land are not covered by it, and neither are people like clerical workers for shipping companies. The LHWCA also has a lot of strictly enforced requirements about when and how injured workers need to notify their employers about their injury and start the claims process. Our Houma attorney can explain which longshore and harbor workers are covered under this law.
Legal counsel can also pursue lawsuits against other people besides an injured harbor worker’s employer who contributed to that workplace injury. For example, if an accident in Houma occurs mainly because of negligence by a third-party supplier or a contract worker, a longshore and harbor workers injury lawyer could file a personal injury lawsuit against them in addition to, or instead of, filing an LHWCA claim.
Filing a direct work injury lawsuit for a harbor or dock worker accident allows you to recover more money than you would get in a workers’ compensation or LHWCA claim. However, it can be harder to win because the defendants are not automatically held liable with the LHWCA.
Just because you are not covered by standard Louisiana workers’ comp laws as a longshoreman or harbor worker does not meet you can’t be compensated after getting hurt or sick on the job. You may have slightly better options compared to a typical worker, since you are protected by federal legislation instead of just state-level laws.
It can be very difficult to get the money you deserve after a workplace accident without professional support. Call today to learn what a Houma longshore and harbor workers accident lawyer can do to help with your unique case.