“I'll tell you what the public likes more than anything. It’s the rarest commodity in the world-honesty”- Merle Haggard
The Best Thing for Your Case
The Best thing you can do for you and your family while dealing with your Longshore Case, is to always tell the truth. No matter what. Your case depends on your honesty. If a judge suspects you are not being honest, then your case will be thrown out.
I have seen it many times in court. Trust me. Do not start a little white lie. Just be honest with your attorney and honest about your injury, and you will be better off.
The Next Best Thing
Order my free book, Win Your Injury Case: The Ultimate No B.S. Guide To Avoiding Insurance Company Tricks That Ruin Your Case [even before you hire a lawyer]. It is full of helpful and useful information that will teach you what to do and not what to do when handling your Longshore Act Case. Do your research folks, and you will succeed in court.
Investigating Claims Under the Longshore Act
Under the Longshore Act, the employer/ insurance carrier is supposed to initially provide benefits to injured workers (called “Claimants” under the LHWCA). Then the employer carrier can investigate the claim and if the employer/ carrier finds a reason to deny the claim, then the Longshore insurance company can controvert the claim. That is, file a LS-207 Notice of Controversion. The LS-207 is then supposed to state the reason why such benefits are not being provided.
Ports America Oakland and Homeport Insurance Company Oakland
What we see every day in Oakland, California for Longshore insurance companies - particularly Ports America and Homeport Insurance is exactly the opposite. In Oakland - these insurance companies have quite literally turned this on it’s head.
Time and again, what we see is Ports America and Homeport Insurance systematically denying claim after claim. Instead of providing benefits first, deny later we see deny first, wait to pay benefits for months and months. Effectively, Ports America and Homeport Insurance are trying to intimidate legitimately injured workers from filing Longshore claims. If you can’t get paid weekly benefits promptly - many workers figure they will keep right on working, in spite of their injuries and disabilities.
It is clear Ports America and Homeport are trying to discourage workers from filing claims by denying almost every claim. Instead of receiving timely benefits, workers are then forced to litigate for basic medical treatment and weekly benefits. Instead of receiving weekly benefits at the Longshore rate, workers are forced to apply for State Disability benefits - which are slower and less than Longshore weekly benefits.
They do it because they can
It is our take that the reason why the Oakland Ports America and Oakland Homeport Insurance deny almost every claim is because they can. It is our take that in the last 5-10 years the quality of legal representation for injured Longshore workers in Oakland has been extremely disappointing.
From what we have seen, some Oakland Longshore lawyers have done nothing to stop or even hinder this practice of denying first and investigating later. For whatever reason these Oakland Longshore Attorneys have not been stepping up to the plate. Instead, the Oakland Longshore workers have been played. The only people making out is Ports America, Homeport and Oakland Longshore lawyers. The lawyers get paid off and the workers get the shaft.
There Is a New Sheriff in Town
Has this happened to you? If so, call us - we can help. We are a Longshore law firm that fights hard for our clients. We are all about standing up to Ports America and Homeport. Don’t let Ports America or Homeport bully you! Don’t hire a law firm that won’t fight back.
1300 Clay Street, Suite 600
Oakland, CA 94612
San Francisco Office
275 Battery Street, Suite 1300
San Francisco, CA 94111
We can help you get your life back
We help you get the medical treatment and weekly benefits you are deserve. We can help you get your life back.