What Are Longshore Workers’ Rights Under the LHWCA in New Orleans?

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that covers certain maritime employees. What are longshore workers’ rights under the LHWCA in New Orleans? They include:

Your Right to Injury Benefits Through the LHWCA

When you have a valid claim under the LHWCA, you have the right to receive any of the following benefits for losses you suffered because of your workplace injury.

Medical Services and Supplies

You are entitled to the cost of comprehensive medical treatment directly related to the injury you suffered. This includes hospital services, surgical and medical treatment, medicine, medical devices, mobility aids, and other required needs during treatment and recovery. You also have the right to select your own attending physician.

There are certain things, such as unreasonably refusing to submit to treatment or examination, which can suspend compensation. Getting these benefits can also require proving that the treatment you got was necessary for your injuries.

Disability Benefits

Disability benefits include:

• Permanent total disability. This applies to injuries such as loss of both hands, both feet, both arms, both legs, both eyes, and any two of the above. There may be other cases where permanent total disability is appropriate. The benefits include ⅔ of average weekly wages for the entire period of the disability.

• Temporary total disability. Benefits are ⅔ average weekly wages for as long as the disability lasts.

• Permanent partial disability. These benefits are ⅔ of the average weekly wages for a set number of weeks. For example, the loss of an arm results in 312 weeks of compensation, the loss of a thumb results in 75 weeks, and the loss of the fourth finger results in 15 weeks.

Average weekly wages are determined based on the amount of time the employee worked that year and the average daily wage for a worker.

Vocational Benefits

If you are partially or totally incapacitated for your former work, but can be trained for another form of work, you can receive maintenance and benefits for those rehabilitation services.

Third Party Liability Claim Rights

If you were injured because of another party’s negligence, you can file a claim to recover damages from that party. Even if you have the grounds for this claim, your employer is still liable for medical services and treatment under the LHWCA, although the employer can recover those losses from the negligent third party.

Time Limits to File Your Claim

You have one year from the date of the injury to file a claim under this act, or else your claim will be barred. However, there are exceptions, including:

1. Failure to file doesn’t bar you from compensation if the other party in the claim does not object to the failure to file within the time period in the first hearing.
2. If the injuries were caused by an occupational disease that takes time to develop, the claim must be filed within two years after you become aware of the disease.
3. The time limit does not apply to minors or those who are mentally incompetent, but does apply to a guardian or representative of that individual.

Compensation Payment Rights

When you have a valid claim for compensation under the LHWCA, you have the right to:

• Receive periodic, prompt, and direct payments
• Receive the first installment of compensation on the 14th day after your employer has been properly notified or when the employer had knowledge of the injury
• Be paid additional compensation if installment payments are overdue and without proper notice to the right official parties

Your employer must notify the Deputy Commissioner of the first payment being made, and any suspension of the payment.

Your Right to the Benefits of the LHWCA

When you are covered by the LHWCA, any amount your employer in New Orleans requires you to pay for workers’ compensation benefits is invalid. This is also a criminal offense by employers. It is also invalid for your employer to have you agree to waive your right to compensation under the act.

When You Have the Right to Attorney’s Fees

If your claim for LHWCA benefits is denied because your employer or their insurance provider claims they are not liable, you can work with your attorney to take the case to court. If the case is successful, then you can receive coverage for reasonable attorney’s fees on top of the award you receive. This is paid directly by your employer or their insurer in a lump sum.