Employee Rights Under the Longshore Act - Section 48 Discrimination I We stand up to the Longshore insurance company that is trying to keep you from getting needed medical treatment and weekly compensation benefits. 619-234-2833 or toll free at 866-963-0540. Best Rated Longshore Lawyer - Best Reviews Longshore Attorney

Protect Your Rights - - Longshore Discrimination Claims

"It's not what people say about themselves ... it is what other people say about them that you should consider..." Longshore Lawyer Bill Turley

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

Awarded Super Lawyer 2011
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


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.


Call us at 619-234-2833 or toll free at 866-963-0540.

If you Longshore employer or insurance carrier discriminates against you or a family member - call us - we can help.

In a recent case an Oakland Longshoreman reported an injury and was fired on a Ports America job. If this happens to you, call us. We handle Longshore cases up and down California.

Oakland Office

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

San Francisco Office

425 California St. 18th Floor
San Francisco, California, 94104
866-963-0540

Los Angeles Office

3255 Wilshire Blvd, Suite 1801
Los Angeles, California 90010
866-963-0540

San Diego Office

625 Broadway, Suite 625
San Diego, California 92101
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


Call us at 619-234-2833 or toll free at 866-963-0540.


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.


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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.


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William Turley

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