Longshore Rip-Off: Oakland Ports America and Oakland Homeport Insurance: Deny The Claim First - Investigate the Claim Second

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. 

Disclaimer:

This article is not legal advice. I am simplistic in order to achieve clarity.

Okay, we realize this might be a controversial article. So my wife insists I provide this disclaimer.  This article does not refer to every Oakland Longshore Lawyer. We have to believe that there are good honest Longshore lawyers in Oakland. Any resemblance to actual events, persons or law firms is purely coincidental.  

If you think this article is referring to you or your law firm, then that is tough luck.  Especially if you and your law firm resemble exactly what I am talking about here. But then again, we repeat: any resemblance to actual events, persons or law firms is purely coincidental.

Finally, if you are bringing a court case - your credibility is always at issue. Always tell the truth. Always. 

Call us at: (510) 858-2822

1300 Clay Street, Suite 600
Oakland, CA 94612
(510) 858-2822

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.

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(510) 858-2822 California’s Leading Longshore Lawyers