Time sensitive benefits related to loss of limb or bodily function.Workers compensation benefits under the LHWCA typically cover the following: Any award left over not covered by workers compensation benefits goes to the injured employer or surviving family members in cases of wrongful death. Under federal laws governing third-party injury claims, any compensation successfully recovered in settlement or suit goes directly to the employer to recover for the worker’ compensation benefits provided to the injured party, up to the amount of benefits paid. Damages for physical and mental pain and suffering. Necessary medical devices, medication, and physical therapy.Past, present, and future medical expenses.Third-party longshore claims can recover: After an accident, injured workers must go through the traditional reporting process prescribed under the LHWCA and inform the employer about the injury. These claims are often complicated and require coordination between attorneys, witnesses, and investigators. How do third party longshore claims work? Injured shore workers hurt by the negligence of third-parties while on the job are entitled to receive both workers compensation benefits under the LHWCA and bring civil claims against wrongdoers. Traditional tort claims allow victims to recover the full loss of economic damages as well as the pain and suffering inflicted. However, under the Act, injured workers may be able to hold third-parties – like the ship and her crew or others on the dock – accountable for the harm they caused. In typical longshoreman workers’ compensation injury claims, victims are barred from suing their employer and must instead file claims for their medical expenses and lost wages due to injuries suffered on the job. What this means is that injured workers covered by the scope of the law must adhere to this statute. The Longshoremen Harbor Workers’ Compensation Act is an exclusive remedy to provide benefits to injured workers. If you were hurt in a maritime accident, contact our law firm for a free consultation about your case. The attorneys of BRILL & RINALDI, The Law Firm have years of experience helping injured dock workers and other shoremen hold negligent third parties liable for the workplace injuries they cause. Maritime shore workers already have enough to worry about without being placed at increased risk of disability or worse by someone else’s negligence or carelessness. Moving cargo, operating heavy machinery, and working on or near container ships in proximity to the water can place employees at a heightened risk of serious injury or death. Working as a longshoreman, stevedore, harbor worker, or ship’s repairman is already a difficult and potentially dangerous job unto itself.
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