What do I do if I have a California Longshore Act Claim with Kemper Insurance? Recently there have been reports that Kemper Insurance Companies is headed for insolvency. Kemper Insurance wrote US L&H coverage in California. If this is you, the first thing you have to realize is the rules are murky in this area.

Kemper Insurance Companies and Longshore Act Claims
Part 1: What do I do if I have a California Longshore Act Claim with Kemper Insurance?

This is a two part article. Click here for Part 2: What else can I do if my Longshore Act insurance carrier is going bankrupt?

California Longshore Act Attorney
California Longshore Act Lawyer
Longshore Act Attorney in California
Longshore Act Lawyer in California

Recently there have been reports that Kemper Insurance Companies is headed for insolvency. Kemper Insurance wrote US L&H coverage in California. That is, Longshore and Harbor Workers Compensation Act insurance policies for California employers. Which raises the question: What do I do if I have a Longshore Act claim with Kemper Insurance in California?

If this is you, the first thing you have to realize is the rules are murky in this area. In other words, there doesn't appear to be a whole lot of guidance. However, here is some insight.

BACKGROUND ON THE LONGSHORE ACT

The United States Longshore and Harbor Workers' Compensation Act is a federal law that provides workers compensation protection to longshoreman, shipyard workers, harbor workers and other maritime workers for injuries or occupational diseases. The Division of Longshore and Harbor Workers' Compensation (DLHWC), under the U.S. Department of Labor (DOL), Office of Workers' Compensation Programs (OWCP), administers the LHWCA.


WHO HAS TO PAY THE CLAIM IF THE US L&H INSURANCE COMPANY GOES BANKRUPT?

Under Section 904 of the LHWCA, the employer has primary responsibility for meeting it's obligation under the Act. Here, the employer is required to either self-insure/ self-fund or have insurance to cover Longshore Act claims. If the employer has US L&H insurance, payments by the carrier satisfy the employer's obligation. If the US L&H insurance carrier becomes insolvent and is unable to pay claims, the employer has primary responsibility to pay the benefits.


WHAT ABOUT THE U.S. DEPARTMENT OF LABOR SPECIAL FUND?

A Special Fund was created, under the Longshore Act, to deal with claims for second injuries. The Special Fund was created to encourage employers to hire workers whom had previous injuries or work impairments. In essence, the U.S. DOL assesses carriers and self-insured employers on the basis of claim payments.

Some folks contend, the U.S. DOL Special Fund will kick-in, so to speak, in the event the U.S. L&H carrier are insolvent and employer is insolvent or is at risk of becoming insolvent. However, there is no guarantee that this can and will occur. This is part of the murky area of the law.


THE PROCEDURAL QUAGMIRE

Here is a quick overview of the procedure which must be followed pursuant to Section 918 of the Act:

(1) You will need to obtain an award of compensation.
(2) The employer/ carrier has to be in default in payment for over 30 days.
(3) Within one year after such default, you have to make application to the deputy commissioner making the compensation order or for a supplementary order declaring the amount of the default.
(4) After investigation, notice, and hearing, as provided in Section 919, the deputy commissioner shall make a supplementary order, declaring the amount of the default, which shall be filed in the same manner as the compensation order.
(5) File a certified copy of such supplementary order with the clerk of the Federal district court for the judicial district in which the employer has his principal place of business or maintains an office, or for the judicial district in which the injury occurred.
(6) Such supplementary order of the deputy commissioner shall be final, and the court shall upon the filing of the copy enter judgment for the amount declared in default by the supplementary order if such supplementary order is in accordance with law.
(7) Review of the judgment so entered may be had as in civil suits for damages at common law.
(8) Final proceedings to execute the judgment may be had by writ of execution in the form used by the court in suits at common law in actions of assumpsit.


IT COULD BE A RACE TO THE MONEY

If your employer is still in business, then enforcing the judgment against your employer is the "fastest way" to getting you your LHWCA workers compensation benefits. However, you need to realize it may be a race to see who can enforce their judgment against employer first. These claims may put the employer out of business.

If you, the Claimant, are unable to satisfy the judgment due to the carriers and employers insolvency, the Secretary of Labor has discretion to make payment from the Special Fund. This is more murkiness.

The foregoing procedure could take years and years. Hence, the quagmire.


California Longshore Act Attorney
California Longshore Act Lawyer
Longshore Act Attorney in California
Longshore Act Lawyer in California


DISCLAIMER: This article is not legal advice. I have been simplistic in order to achieve clarity. You are expressly advised to seek competent legal counsel if you have a US L&H claim with Kemper Insurance Company or any other insolvent US L&H carrier in California. Remember, always tell the truth when you are making a claim for compensation. Your credibility is always at issue.




We have a State Wide Maritime Practice. Meaning we are asked to represent people injured in boating accidents and ship accidents across California and the World.

The Turley Law Firm Lawyers accept cases in the following locations in California: Los Angeles, San Diego, San Jose, San Francisco, Fresno, Long Beach, Sacramento, Oakland, Santa Ana, Anaheim, Bakersfield, Riverside, Stockton, Chula Vista, Fremont, Irvine, Modesto, Glendale, San Bernardino, Huntington Beach, Oxnard, Fontana, Moreno Valley, Oceanside, Rancho Cucamonga, Santa Clarita, Garden Grove, Ontario, Pomona, Santa Rosa, Salinas, Palmdale, Hayward, Pasadena, Torrance, Corona, Lancaster, Catalina Island, Bodega Bay, Bethel Island, Half Moon Bay, Eureka, Avalon,  Escondido, Alameda, Orange, Elk Grove, Sunnyvale, Fullerton, Thousand Oaks, El Monte, Simi Valley, Concord, Visalia, Vallejo, Ventura, Ventura Harbor, Marina del Ray, Morro Bay, Inglewood, Santa Clara, Pacific Ocean,  Port of Los Angeles, Port of Long Beach , Port of San Pedro, Santa Barbara, Santa Barbara Channel, San Clemente Island,  San Joaquin River, San Francisco Harbor, San Francisco Bay, Stockton, Port of Stockton, Port of Sacramento, Port San Luis, California Delta, Lake Tahoe, Colorado River, Port of San Diego, Sausalito, Santa Cruz, San Pedro,  San Diego Harbor, Stockton, Oceanside Harbor, Catalina Island, Dana Point, Newport Harbor, Ventura Harbor, Port Hueneme, Vallejo, Crescent City, Yuba City, Wilmington, and the Channel Islands, and the navigable waterways of the the United States and the navigable waters of California.

The Turley Law Firm handles all type of boat and ship accidents and we are boat accident lawyers, including Jones Act lawyers , unseaworthiness lawyers, boat negligence lawyers, maintenance and cure lawyers,  cruise ship lawyers, recreational boating lawyers, boat accident lawyers, ship accident lawyer, boat collision lawyer, ship collision lawyer, barge accident lawyer, barge lawyer, derrick attonrey, floating work platform lawyer,  PWC accident lawyer, personal watercraft accident lawyer, sailboat accident lawyer, water ski accident lawyer , sailing accident lawyer,  tanker lawyer, offshore lawyer,  and river accident lawyers. Jones Act Lawyer , Jones Act Attorney , Boating Accident Lawyer , Boating Accident Attorney , Maritime Lawyer , Maritime Attorney ,  Longshore Act Lawyer , Longshore Act Attorney .

 

San Diego Longshore Attorney, San Diego Longshore Lawyer, San Diego Jones Act Lawyer, San Diego Jones Act Attorney, San Francisco Jones Act Lawyer,   Bay Area Jones Act Lawyer,  San Francisco Jones Act Attorney,  Bay Area Jones Act Attorney,  Oakland Jones Act Attorney,  Oakland Jones Act Lawyer,  Riverside Jones Act Lawyer, Sacramento Jones Act Lawyer,  Sacramento Jones Act Attorney, Riverside Jones Act Attorney, Ventura Jones Act Attorney, Los Angeles Jones Act Attorney,  Los Angeles Jones Act Lawyer, Orange County Jones Act Lawyer, Orange County Jones Act Attorney,  Riverside Jones Act Attorney, Riverside Jones Act Lawyer,  San Bernardino JOnes Act Lawyer, San Bernardino Jones Act Attorney,  Imperial County Jones Act Attorney, Imperial County Jones Act Lawyer, Mexico Jones Act Attorney, Mexico Jones Act Lawyer, Jones Act Lawyer  California, Jones Act Attorney California, California Jones Act Lawyer, California Jones Act Attorney,   Jones Act Attorney Mexico, Jones Act Lawyer Mexico, Jones Act Lawyer California, Jones Act Attorney California,

 





Practice Areas:


    ©2010 The Turley Law Firm, All Rights Reserved
    The Turley Law Firm website and all its contents are copyrighted. All articles, photos and graphics may not be reproduced, republished, retransmitted or redistributed without prior written permission.

The Turley Law Firm
626 Broadway, Suite 625
San Diego, CA 92101
Phone: (619) 234-2833
Fax: (619) 234-4048
Toll Free: 866-963-0540


The San Diego, California personal injury law firm of The Turley Law Firm serves clients across  Southern California area. We give you straight talk about your legal options. We have handled cases from San Diego to Imperial Beach to Oceanside to Escondido to El Cajon, everywhere in between, such as: Alpine, Camp Pendleton, Cardiff, Carlsbad, Chula Vista, Coronado,  Del Mar, Eastlake, Encinitas, La Mesa, La Costa, La Jolla, Lakeside, Lemon Grove, Mission Bay, NAS San Diego, National City, Naval Station San Diego, North Island, North County, Pacific Beach, Point Loma, Port of San Diego, Poway, Ramona, Rancho Bernardo, Rancho Santa Fe, San Marcos, San Diego Harbor, Santee, Solana Beach, South Bay, Spring Valley, Vista.

We handle cases across California, including: Riverside County, San Bernardino County, Orange County, Imperial County, Los Angeles County, and Ventura County, Colorado River, Mexico, Cabo, Pacific Ocean and all the Oceans and waterways across California and the World.


Work Accident Lawyer San Diego l  San Diego Jones Act Attorney I San Diego Boat Accident Attorney I San Diego Ship Accident Attorney I San Diego Longshore Act Attorney I San Diego Defense Base Act Attorney I San Diego Product Liability Attorney I San Diego Wage and Hour Class Action Attorney, San Diego Toyota Attorney I San Diego Catastrophic Injury Attorney I San Diego Disability Insurance Attorney I San Diego Unum, Unumprovident & Paul Revere Attorney



William Turley

©2012 The Turley Law Firm, All Rights Reserved, Reproduced with Permission Privacy Policy
Attorney web design by Foster Web Marketing, the best attorney website design solution on the Web offering search engine optimization for attorneys, lawyer website design, video for attorneys, and more.
Get SEO Tips from The Attorney Internet Marketing Blog