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Toll-Free: 866-705-4617
Phone: 619-234-2833
The Turley & Mara Law Firm, APLC

Protect Your Rights - - Longshore Discrimination Claims

“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.” - Longshore Lawyer Bill Turley

Longshore Discrimination Claims:  Employee Rights Under the Longshore Act - Section 48 Discrimination

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 Today?

In a recent case an Oakland Longshoreman reported an injury and was fired on a Ports America job. We handle Longshore cases up and down California. If your Longshore employer or insurance carrier discriminates against you or a family member - call us - we can help. (619) 234-2833

Employee Rights Under the Longshore Act - Longshore Discrimination Claims

Your employer may not discharge you or in any manner discriminate against you because you have claimed or attempted to claim compensation, or have participated in a proceeding under the Longshore Act. A discrimination claim under the Longshore Act is called a Section 48a Discrimination Claim.

Any party to a claim has a right to challenge the status quo with respect to any matter. The OWCP provides mediation services in which it seeks to informally resolve disagreements. After an informal conference, OWCP makes a recommendation to the parties. If you or your employer/ insurance carrier, disagree with OWCP's recommendation, a formal hearing may be requested before an Administrative Law Judge. The Administrative Law Judge's decision may in turn be reviewed by the Benefits Review Board. An appeal of the Benefits Review Board's decision may be taken to the U.S. Court of Appeals and finally to the U.S. Supreme Court.

Longshore Discrimination Claims:  Employee Rights Under the Longshore Act - Section 48 Discrimination

Longshore Act Section 948a:

Discrimination against employees who bring proceedings; penalties; deposit of payments in special funds; civil actions; entitlement to restoration of employment and compensation, qualifications requirement; liability of employer for penalties and payments; insurance policy exemption from liability

It shall be unlawful for any employer or his duly authorized agent to discharge or in any other manner discriminate against an employee as to his employment because such employee has claimed or attempted to claim compensation from such employer, or because he has testified or is about to testify in a proceeding under this chapter. The discharge or refusal to employ a person who has been adjudicated to have filed a fraudulent claim for compensation is not a violation of this section. Any employer who violates this section shall be liable to a penalty of not less than ,000 or more than $5,000, as may be determined by the deputy commissioner. All such penalties shall be paid to the deputy commissioner for deposit in the special fund as described in section 944 of this title, and if not paid may be recovered in a civil action brought in the appropriate United States district court. Any employee so discriminated against shall be restored to his employment and shall be compensated by his employer for any loss of wages arising out of such discrimination: Provided, That if such employee shall cease to be qualified to perform the duties of his employment, he shall not be entitled to such restoration and compensation. The employer alone and not his carrier shall be liable for such penalties and payments. Any provision in an insurance policy undertaking to relieve the employer from the liability for such penalties and payments shall be void.

What Others Say About Us

Awarded Super Lawyer 2011 - 2017
Highest Rated Longshore Lawyer Avvo.com San Francisco San Diego
Invited to Speak on the Longshore Act at 2011 Maritime Personal Injury Seminar
New York Times 2011 Top Attorney
Elected President of the Consumer Attorneys

Oakland Office

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

San Francisco Office

275 Battery St. Suite 1300
San Francisco,  California, 94111
866-705-4617

Los Angeles Office

3255 Wilshire Blvd, Suite 1801
Los Angeles, California  90010
866-705-4617

San Diego Office

7428 Trade St.
San Diego, California 92121
619-234-2833

We Fight the Insurance Company For You

We stand up to the Longshore insurance company that is trying to keep you from getting needed medical treatment and weekly compensation benefits.

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

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