LONGSHORE & HARBOR WORKERS COMPENSATION
WORKER'S COMPENSATION UNDER THE LONGSHORE ACT
Under the Law, you are not allowed to sue your Employer in a lawsuit because of a work injury. However, if your injury was caused or contributed to by some other person, company, or governmental agency, you may be entitled to file a lawsuit against that other person, company or agency which can potentially provide a greater recovery to you and your family.
If you are injured when an independent trucker or employee of a different company operating a vehicle hits your UTR or other vehicle, you may be able to sue that other person or company. In such a lawsuit, you could potentially claim entitlement to compensation for all of your lost earnings as a result of your injury (past, present and future) and fair compensation for all of your pain and suffering (again, past, present and future). In some instances, you will have up to one year to file such a lawsuit.
If you are a longshore person or harbor worker injured in longshoring operations you are covered by the provisions of the Longshore & Harbor Workers' Compensation Act. Some limited exceptions to coverage of the Longshore Act sometimes apply when a longshore worker or harbor worker is injured at some location other than the waterfront (e.g., at a container freight station several miles from the water). In theory, the Longshore Act is supposed to automatically provide you with certain benefits.
The Act requires your Employer or its Insurance Company to furnish all medical, surgical, hospital treatment and supplies which are needed because of the injury. (The term injury also includes occupational disease). In addition, when an Employee loses more than three days from work and has lost pay, the Employee is entitled to compensation for pay loss at the rate of 2/3rds of his/her average weekly wage. The first payment of compensation is due 14 days after your Employer has knowledge of the injury and is to be paid every two weeks during the continuance of the disability.
If your disability is more than 14 days, you are also entitled to receive compensation for the first three days of your pay loss at the same rate. An injured Employee's compensation rate is based upon his or her average weekly wage (AWW) for the year prior to the injury.
To estimate your average weekly wage (AWW), add all of your earnings for the year prior to your injury and divide the total by 52 weeks. This will represent a close approximation of your average weekly wage. (TYPICAL NAWW RATES/INCREASES)
BE WARNED, THAT IN SOME SITUATIONS, THERE MAY BE A SHORTER DEADLINE OR LIMITATION PERIOD FOR YOU TO FILE
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