Los Angeles Longshore Workers Compensation Attorney

You can face multiple risks working every day as a longshore employee. If you are injured or become sick on the job, it can affect your ability to work and earn money. The financial strain can add unwanted stress while you are trying to recover, and you may not know what you should do next. A Los Angeles longshore workers’ compensation attorney can help you with the next steps toward getting the benefits you need and deserve.

Barry Law Group is a team of highly skilled attorneys who are committed to serving the needs of our clients. We have over 70 years of collective experience, in addition to knowledge of both federal and state laws, to represent and advocate for our clients in their legal disputes. We can make sure your rights as a longshore employee are protected.

Longshore and Harbor Workers Compensation Act (LHWCA)

The LHWCA was enacted by the federal government to benefit injured maritime employees. LHWCA benefits provide injured workers with medical care, compensation, and rehab services to workers who are disabled due to their injuries. This can reduce some of the financial stress you take on when you are hurt at work and ensure you maintain some stability.

Eligible employees must have been injured while on US navigable waters or areas such as wharves, docks, piers, terminals, and loading and unloading vessel areas. Those who are not maritime employees may also be eligible for LHWCA benefits if some of their duties involve maritime work and they were injured on navigable waters.

Filing a Longshore Workers’ Compensation Claim

If you have been injured while performing your duties as a longshore worker in Los Angeles, there are steps you can take to file a claim under the LHWCA in California:

1. Report the injury – You should let your employer know you were injured as soon as possible, and the notice must be in writing. You have 30 days from the day the injury occurred or 30 days from when you became aware of the injury to notify your employer.
2. Get necessary medical attention – Seek necessary treatment for your injuries or illness. You are entitled to choose your doctor for treatment, and you can receive medical benefits for your treatment.
3. Submit a claim for compensation – If you want to receive compensation for your injuries, you will need to file a written claim with the Office of Workers’ Compensation Programs within a year of the date the injury occurred. Compensation can be denied by your employer if you do not file within the timeframe.
4. Provide supporting documents – For your claim you will need documentation that supports it. This includes details about the incident, your medical records, statements from possible witnesses, and anything else that may be relevant.

After you inform your employer of the workplace injury, it is possible for them or the insurance carrier to deny you the benefits you requested. In this case, you should receive a Notice of Controversion form stating why the benefits were denied. If you disagree with their decision, you can get assistance from the Longshore Claims Examiner assigned to your claim at the OWCP.

A Longshore workers’ compensation lawyer can guide you through the entire process for submitting a claim, and assist you in the event that your claim is denied for any reason.

Why You Need a Longshore Workers Compensation Attorney

There are several reasons why hiring a longshore workers’ compensation attorney can be immensely beneficial if you are a longshoreman who was injured on the job. The biggest benefit is having someone who can not only advocate for your rights, but they can also make sure you understand your rights so that you are confident in every decision you make for your case.

Having someone who is well-versed in the laws and procedures for longshore workers’ compensation means you can feel comfortable knowing your case will be handled properly. All of the proper paperwork will be filed on time, pertinent evidence will be gathered, and you will have representation in any court appearances. An attorney can give you a great chance at getting the benefits you want.

Longshoremen Work Injury FAQs

Q. How Much Can a Workers Comp Attorney Charge in California?

A. Many workers’ compensation attorneys in California only charge a contingency fee. This means you don’t have to pay that attorney anything unless you win your case. If your attorney is successful in helping you win your case, you will only be charged a small percentage of what you are awarded.

Q. Can You Appeal if Your LHWCA Claim is Denied?

A. Yes, you can appeal your LHWCA Claim if it gets denied. You have the right to request a hearing with an Administrative Law Judge. It can take months to get a hearing, but during this time, you and your lawyer have the opportunity to build a strong case. The hearing with the Administrative Law Judge is typically the final decision, but there are options to go beyond that point if you feel it is necessary.

Q. Can You Sue if You Accept Workers’ Compensation in California?

A. Typically, you cannot sue if you accept workers’ compensation in California. Workers’ compensation provides injured employees with covered medical care, lost wages, and other benefits. When those benefits are accepted, the injured employee gives up their right to sue their employer.

Workers’ compensation is a no-fault law, so it may be more convenient to file a workers’ comp claim as opposed to going the route of litigation. However, you are well within your right to sue your employer if your injury was intentional or caused by their negligence.

Q. What Is the Difference Between the Longshore and Harbor Workers’ Compensation Act and the Jones Act?

A. The difference between the Longshore and Harbor Workers’ Compensation Act (LHWCA) and the Jones Act is who is covered under the laws. While both cover maritime employees, the Jones Act specifically covers injured seamen who were hurt while on a vessel. Longshoremen who are injured while working on or near navigable waters will primarily be protected by LHWCA.

Barry Law Group Is Your Team of Longshore Workers’ Compensation Attorneys

Filing a longshore workers’ compensation claim can be a complicated process, and it can be stressful when you are trying to recover from your injury or illness. An attorney from Barry Law Group can dedicate all the time necessary to assist you with the process. Contact our law office today to schedule a consultation with one of our skilled attorneys.