The Longshore and Harbor Workers' Compensation Act ("LHWCA") provides medical and compensation benefits to workers sustaining injury on or near navigable waterways, ports, docks, barges, and bridges throughout the United States.
LHWCA benefits are administered by the Department of Labor's Office of Workers' Compensation Programs. The Central Case Creation location for all new claims is right here in New York, New York.
The Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 901 et seq., provides compensation benefits for the duration of your disability, along with lifelong medical care causally-related to your injury. In short, upon sustaining a disabling work-related injury, you are entitled to Temporary Total Disability ("TTD") compensation benefits calculated by taking 2/3's of your average weekly wage. TTD benefits continue until you reach a point of Maximum Medical Improvement ("MMI"). Following attainment of MMI, your doctors will examine you to determine if you suffer any permanent impairment preventing you from returning to your regular employment. In the event you suffer permanent impairment, you may be entitled to lifelong permanent partial disability compensation benefits ("PPD"), or permanent total disability compensation benefits ("PTD").
In addition to your entitlement to benefits under the Longshore & Harbor Workers' Compensation Act, you may be entitled to additional damages due to the negligence of a third party, or vessel owner. These claims are known as "third party claims" and are ultimately subject to a lien exercised by your longshore insurance carrier.
John-Austin Diamond is an experienced attorney who can help get you the benefits you deserve under the Longshore & Harbor Workers' Compensation Act. Navigating this complicated area of law is difficult, especially without an attorney advocating on your behalf. In my experience, I find that more is lost with indecision than by wrong decision. Please call us today for a free claim evaluation. My representation and dedication to your case will cost you nothing. My attorney fee is paid by the insurance company, is separate from any award you may receive, and is approved by the Department of Labor.