The Longshore and Harbor Workers Compensation Act, abbreviated while the LHWCA, was initially passed in 1927 by the United States Congress in order to provide workers who have been in navigable waters within the United States in situations where they’d no other means of compensation. The act was later amended in 1984 in order to provide all employees in the longshores and harbors exactly the same kind of coverage.
This coverage is set by the precise location of the employee’s work and whether he or she is known as to own normal relationship to maritime employment. This act helps to cover the gap in coverage that The Jones Act leaves open. Because The Jones Act only covers sailors and not state workers the LHWCA was implemented to insure that they’d proper compensation for injuries.
The LHWCA not merely covers those in waters but in addition those working around or near bodies of water. These areas, known as adjoining areas, include docks, piers, terminals, dock facilities, loading, unloading and repairing zones and areas vessels are assembled. Los Angeles longshore lawyer These areas are clearly defined in the clause. However, coverage becomes less lucid when analyzing certain other “not so adjoining” work spaces. Some shoreside activities are situated quite a range far from the loading zone, docks, or piers and it is unclear should they fall under the protection of the act.
For instance, an individual in a production plant that produces parts for vessels would be covered under the LHWCA. Of course there are numerous stipulations when dealing with an injury or disease contracted from the facility such as this therefore it is wise to get hold of a skilled attorney if such a predicament arises.
So what type of benefits are offered for many who are injured and covered by the LHWCA? There are many benefits that can be used to compensate injured employees of maritime occupations.
These benefits include:
medical and health advantages for diseases which can be contracted due to the employee’s occupation as a maritime worker
providing full rehabilitation services
Health and medical payments for the total amount needed to offer adequate care
Funeral expenses as much as $3000 and death benefits for dependent household members
When working with the LHWCA it is critical to remember that there surely is a period limit how long you are able to wait before filing your claim with them. A wounded worker must file their claim within 30 days of the injury’s occurrence. When this please make sure you contact an attorney before any settlements are made to make certain the proper benefits are offered for the injured and affected parties.