Seamen and Longshoremen: Workers Compensation in Cases of Injuries

A binding and government-supported insurance program has been set to guarantee workers compensation in cases of illnesses in the workplace or in any location where they are doing work-related tasks. Several people suppose that this program comprises all US employees, but the truth is, there are exemptions in this program, specifically the seamen and longshoremen. They are protected by the standard workers compensation but are not covered by the program. Therefore, they are not compensated in case they encounter injuries at the workplace or while performing a work-related task. There are two laws under the federal law that provides options for seamen and longshoremen.

All details herein provided are for educational purposes only, contact experienced Indiana Injury attorneys for more details.

Federal Law

The Jones Act protects the seamen. The Longshore & Harbor Workers’ Compensation Act (LHWCA) protects the long-shore workers. These laws are often confused by employers and employees, as they are not aware about the differences between seamen and longshoremen. There are several employees who are unaware and request benefits based on the wrong federal law and get denied. It can also be the case when it is the employer who filed the employee in the wrong category.

Seamen

If you are a seaman or a longshoreman whose claims have been denied, your first course of action is to consult a lawyer who specialized in maritime legal services. Even if resources are available in the Internet, it will be of your best interest to have a lawyer. Generally speaking, seamen are protected by the Jones Act; these are workers who performs its jobs on boats, ships or platforms that goes out to the sea or on the sea. The Jones Act is deemed to be the better option as compared to the other, because workers have more opportunities for receiving benefits.

Longshoremen

Longshoremen are different from seamen in a way that they work on boats that are docked on the harbor, such as unloading cargo. They are protected by the LHWCA.

Confusion

Confusions happen when there are certain maritime workers who work both on the sea and docks as one job. There are also employees who do maintenance who work on the sea in the interim; for example, repairing, installation, or dismantling equipment. Jobs that need workers to work in the sea, for example, casino or entertainment staff in a cruise ship. To avoid confusion, consult an attorney.

The information in this article is provided by Kenneth J. Allen and Associates, which provides legal services in the field of Workers Compensation. This article is not intended nor should be considered legal advice.

The Ins and Outs of Workers' Compensation

By law, employers in the United States who have four or more employees are required to carry workers’ compensation insurance; however, independent contractors may or may not be eligible, depending upon circumstance and/or regional provisions. In the event of being injured while on the job for established employees, this type of insurance will cover a variety of expenses pertaining to the injured party, as well as determining a final settlement.

Information herein is provided as an educational resource only, contact Mike Murburg for additional information or assistance.

Claims
Workers’ comp claims must be filed and duly recognized by the employer after sustaining an injury. Such injuries come with the stipulation that the employee will not be able to perform the duties entailed in the job description for an extended period of time. In some cases, the amount of time missed may be as minimal as three or four days, yet most claims involve extended durations. Once the claim has been established, all expenses stemming from the work injury will be taken care of by the employer’s insurance company, which includes medical costs, any necessary medication, and living expenses based on lost wages and a percentage of the employee’s income. In order to maximize compensation benefits, hiring a workers’ comp attorney isn’t necessary, but highly recommended. Workers’ compensation lawyers work on principles of contingency; unlike personal injury attorney fees that can exceed 30 percent, the average fee for workers’ comp attorneys is approximately 15 percent.

Responsibilities of the Employee
Keeping scheduled doctor visits are important for the overall outcome of the claim, but also for monitoring the health status of the injured employee. Physical therapy may become a part of the healing process, which means that it’s important to keep these appointments for the duration of the claim. It is also the responsibility of the injured party to adhere to the physical restrictions within the scope of the claim.

Settling the Claim
A number of things can come into play when reaching a final settlement. The extent of the injury and whether or not the employee is able to return to work with full capabilities will factor into the final judgment. In the event that an injured employee is not able to return to work, the insurance company will provide funding for vocational rehabilitation; however, if the injured party is cleared to return without restrictions, a final settlement will be awarded in a lump sum payment. Once a claim has been filed, the entire process can take up to three years or more before closing the case.

The above literature is intended for informational purposes only, and is not to be used referentially in a court of law. For legal advice, consulting with a workers’ compensation solicitor is recommended.

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What is Workers Compensation

Workers compensation is a body of laws and regulations that determine how much worker can be compensated when injured on the job. They were implemented last century for the purpose of providing workers with a quick and almost hassle free way of getting money to help cover injuries suffered on the job. They were also enacted to help owners and employers keep their liability to a minimum.

This information has been provided as a reference only, and is for educational purposes only. Contact an experienced Chicago Worker’s Compensation Attorney for more information.

Workers Compensation Benefits

Benefits are given based on formulas and other determinants found in the regulations. After reporting the incident to the boss and getting medical documentation, the employee will then use this document and incident report to file a claim for compensation. Each state of the union has its own method of determining how much, when and how benefits are to be distributed.

Limitations on Benefits

The benefits given through workers comp are exclusive when it comes to an employee and employer. This essentially means that an injured employee is limited to these benefits and can not pursue the owner or operator for damages stemming from a workplace injury. This protects employers and owners from going under from the financial strain involved in covering on job accidents.

That being said, employees have other options for compensation outside of the workers comp statutes; they can sue third parties which may be responsible for their injuries. This includes tool and equipment manufacturers, designers and suppliers. It also includes other workers on the site and any other 3rd party that may be responsible for causing injury.

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Working Compensation and Reporting Your Injuries

If you end up getting injured while you are working for your employer, you need to file a worker's compensation claim. This allows you to pay for your medical bills and to receive compensation for the wages that you would otherwise be receiving. The majority of states only allows you to receive compensation through worker's compensation, and do not permit you to sue an employer for injuries that occurred at work.

The exact procedure for filing a worker's compensation claim is different in each state, but the process is usually quite similar. The following process may not sync up exactly with the way things work in your location, but it can serve as a basic guide of the procedure.

First of all, you need to be sure to notify your employer about the injury as soon as possible. The report should be in writing. Some states require the notification to take place right away, where others may give you thirty, sixty, or ninety days. Some states give you over a year. Regardless, it is a good idea to report it as soon as it happens and get it in writing.

The next step is to get in touch with a doctor to examine the injury. In some cases, the state might require the doctor to be certified by the Worker's Compensation Board. The doctor should make a detailed report of the injury, and you should keep track of any expenses revolving around the injury. If you can't work because of the injury, you might also qualify for disability.

You will then fill out the necessary forms to apply for worker's compensation. Often your employer will provide you with the forms themselves and send them in to their insurer to determine what type of compensation you will receive from them. You can also file the claim to the insurer yourself, preferably with the assistance of an attorney. Additional documentation of the injury may be required.

Afterward, you will receive a response from the insurer. If they deny part of or the entire request, it should also explain how to appeal the insurer's ruling.

If the request, or part of it, is denied, you have the right to appeal the decision. Typically, you will do so by getting in touch with your state's worker's compensation appeals board. You will testify to them with an expert witness to support your case. An attorney is strongly recommended.

This article is provided as information only and not intended as legal advice in any means or manner whatsoever, Mike Murburg P.A. provides focused legal counsel and representation within issues related to Worker’s Compensation and has provided this for informational purposes only.