“I always use plain English, with no sugarcoating, no B.S. lawyer talk, no double talk. Just old fashioned, unsweetened, unvarnished truth.” Longshore Attorney - Bill Turley
My Best Advice
When it comes to Longshore Act Cases, nothing is more important than telling the truth. Nothing is more important than your credibility. You need to be up front and honest about every detail about your case.
Do not exaggerate the fine print. If a judge suspects your not being truthful, then they will dismiss your case. Always be honest. Always tell the truth.
My Second Best Advice
Do your research on Longshore Act Cases and 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 when it comes to your Longshore Act Case.
Need help right now?
Give our office a call at (619) 234-2833. Our team of knowledgeable staff are here to help and listen.
14 Essential Tips For Longshore Act Claims Longshore Act Essentials
1. Report your longshore injury immediately
Be sure to report it to someone in a position above yours at the company. Confirm the reporting with an e-mail and send a copy to yourself. Be sure to keep the email copy.
2. Don't give a recorded statement or a written statement
It will only be used to deny your claim. If the adjuster tells you they need your statement in order to provide you with medical treatment or weekly compensation benefits, call a Longshore lawyer. Immediately. But don't give a statement.
3. Don't sign any medical releases or employment releases
If the LHWCA adjuster tells you they need you to sign authorizations in order to provide your LHWCA benefits, call a Longshore attorney. They are only looking for reasons to deny your claim.
4. Document your wages
Document all your Longshore wages, overtime, bonuses, etc. Keep all of your pay stubs and W-2's. Your money benefits are directly tied to your earnings. You need to prove as much earnings as possible to maximize your money benefits.
5. You and the L&H Insurance Adjuster
Don't blow your relationship with the LHWCA insurance adjuster. Don't be too talkative, but don't be rude. You must be polite. Only say as much as is necessary. The last thing you want to do is motivate the insurance adjuster to be against you and your claim. On the other hand, don't get all chatty with the LHWCA insurance adjuster. Remember, it is just like criminal law: everything you say can and will be used against you in a court of law. Depend on it. This is anther reason to get a seasoned LHWCA lawyer.
6. Keep medical records
Keep records of all medical treatment. Get names, addresses and e-mail address for all your medical providers.
Try and get the names, addresses, telephone numbers and e-mail address of all witnesses to your injury incident.
8. A photo is worth 1000 words
Literally. Try and get photos of the scene of the injury. Whip out your cell phones and snap a few photos. Or have a co-worker document the scene by taking a few photographs. Try to take the photos as soon after your injury as possible. If you are injured on a ship and it was caused by an unsafe condition on the vessel, take photographs. And lots of them.
8. Always tell the truth
If the Judge sees you have lied to them you will have lost your case. You only get one chance and one case. Don't lose your case by fudging, exaggerating or lying.
9. Prior injuries and claims
Don't lie about or hide previous injuries, conditions and/or claims. There is no apportionment under the Longshore Act. Meaning, you can have 95% pre-existing condition and 5% caused by the LHWCA injury and it is all compensable. With computer data bases available to the insurance comapies today, you will get nailed if you try and hide a prior claim or injury.
10. Free Choice Physician
Don't blow your free choice of physician. You get one free choice physician under the LHWCA. Don't select the wrong doctor. Never, ever chose a doctor suggested by the LHWCA insurance adjuster.
11. You do difficult work
Be sure to explain to your doctor the work you do. Explain the lifting requirements, how much you have to climb ladders, carry tools, lashing, etc. Don't assume your doctor knows how rigorous your job is. Tell them. It is important for your doctor to understand the rigors working as a longshoreman, harbor worker, shipyard worker, etc.
12. Nurse Case Managers
Don't allow the insurance company nurse case manager to go into the examination room with your doctor. Politely ask them to wait in the waiting room. The nurse case manager's job is to save the insurance company money - - not help you. Also, ask your doctor to not speak to the nurse case manager outside of your presence. This should not be during your examination, though - that is your time with your doctor.
13. Third Party Cases
If a defective product was involved in your injury, get photographs of the product. Write down and try to document with photos, the make, model, serial number of the defective product. Try and find our who owns or leases the product. Get any identifying numbers for the product.
14. Getting legal advice from the enemy
Don't take legal advice from the Longshore adjuster. You are at war with the insurance company. They are trained to be nice to you so you will trust them. The adjuster will sweet talk you while they take your money. Happens all the time. Don't ever hire a lawyer suggested to you by the LHWCA adjuster or nurse case manager. They want you to hire someone they can "work with." Guess who will get "worked over" if you do?
Research Your Longshore Act Case
This website provides information for persons involved in Longshore Act injuries. We provide vital information so you can make informed decisions regarding your LHWCA case.
We have the most comprehensive Longshore Act website .
Call us toll free at 866-705-4617.
Why Us Being Based In San Diego Is A Benefit To You
We are based in San Diego, California. This is a benefit to you. Few Longshore lawyers have been handling Longshore cases longer than us.
Bill Turley has been handling Longshore Act cases since 1987. Because San Diego has the largest shipyard on the west coast with thousands of shipyard workers, Bill gained valuable experience with these cases.
We represent seriously injured Longshore workers across America. We can help you put your life back together.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley