Maritime - (LHWCA & Jones Act)
To cover workers who are not members of a ship's crew, the Longshore & Harbor Workers’ Compensation Act (LHWCA) was enacted by Congress in 1927 to protect and cover workers who primarily work in the maritime industry, for example, those involved in loading and unloading vessels, or the construction or repair of ships. It provides medical benefits, rehabilitation, and lost wages. It may also include medical coverage for workers injured at work or become ill from diseases caused, or worsened, by conditions of employment. Other employees considered to be covered by the LHWCA would be those injured on a dry dock, pier, wharf or shipping terminal. There may also be compensation for anyone injured in the vicinity of any these facilities if their typical occupation also includes building, ship repairing or loading/unloading vessels. The LHWCA can also protect dock workers or stevedores who may be injured while unloading a ship or those injuries that may occur on offshore drilling-rig platforms.
Our goal is to help manage your Longshore & Harbor Workers' compensation Act and Jones' Act efficiently, and at the lowest possible cost. Our company and its members are committed to perform to the highest standard of Honesty, Integrity and Reliability.
The Jones Act is an Act of Congress, which governs the liability of vessel operators & marine employees for the work-related injury or death of an employee. It is a federal cause of action, meaning that the United States Congress intended for all seamen's injuries throughout the nation to be guided by the same liability standards. Although the Jones Act protects seamen, it is not the same as Workers' Compensation. It does not require payment regardless of fault. In order for a worker to recover under the Jones Act, a worker must prove some negligence or fault on the part of the vessel's owners, operators, officers, and/or fellow employees or by reason of any defect in the vessel, its gear, tackle, or equipment.
The Jones Act provides an injured seaman a remedy against his or her employers for injuries arising from negligent acts of the employer or co-workers during the course of employment on a vessel. This means that the employer must do something unreasonable or fail to perform a reasonable act that would have prevented injury in order for the seaman to win his claim. Claims brought under the Jones Act can also raise claims against a vessel's owner that a vessel was unseaworthy.
Accidents suffered by workers on docks, piers, wharfs, or bridges do not qualify for the application of The Jones Act or Death on High Seas Act.
The LHWCA was amended in 1984 to protect this class of worker, because state Workers’ Compensation plans do not include coverage for maritime employees. The LHWCA provides disability benefits for medical care, rehabilitation care, and coverage for lost wages, equal to two-thirds of the employee’s average weekly wage. It also allows the employee to choose his own medical practitioner. The LHWCA's priority is to act as a mediator in resolving disputed medical claims.
We work as part of the team coordinating with claims agents, other investigators, attorneys and doctors. We will strive to provide the information needed to pursue cases to a proper conclusion
