“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”
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.
The Longshore Act - Situs & Status
The Longshore and Harbor Workers' Compensation Act (LHWCA) is a Federal law that requires maritime employers to provide workers’ compensation insurance coverage for employment-injury and occupational-disease for workers who are injured or contract occupational diseases occurring on the navigable waters of the United States, or in adjoining areas, and for certain other classes of workers covered by extensions of this Act.
In most cases in California, maritime workers whose work-injuries are covered under the LHWCA also qualify for coverage under State law at the same time. Although the benefits structure is similar between the two systems, in some cases, the amount of workers’ compensation benefits under the LHWCA is greater than that under the State system and injured workers are allowed to choose the larger benefit.
While duplicate benefits are not allowed, injured workers are allowed to pick and choose the greater benefit from either the Federal system or the State system when both jurisdictions apply to a single workers’ compensation claim. This dual jurisdiction can be used to great advantage for the injured worker.
In order for a work-injury to qualify for coverage under the LHWCA the injury must have happened at a covered job, you must be a covered employee, and the employer must be a covered maritime employer.
A job site covered by the LHWCA must meet the definition of “situs.” This includes:
- Navigable waters of the United States;
- Adjoining pier;
- Dry dock;
- Building way;
- Marine railway; or
- Other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling or building a vessel.
A covered employee must meet the definition of “status.” This includes:
- Longshoremen or anyone engaged in longshoring operations;
- Winch operators;
- Hold men;
- Clerks and checkers;
- Dock men;
- Forklift operators;
- Warehousemen performing any tasks related to longshoring operations;
- Harbor workers;
- Ship repairmen;
- Pile-drivers and any workers constructing piers, wharves, sewer outfalls, or any facility used as an aid to navigation or maritime commerce.
A qualifying maritime employer is one that falls under the broad definition of any employer whose employees are employed in maritime employment.
The LHWCA also specifically excludes certain workers from coverage. These include:
- An officer or employee of the United States or any of its agencies;
- An employee of any State;
- An employee of any municipality;
- An agent of any foreign government;
- An employee whose injury is caused solely by his own intoxication;
- An employee whose injury occurs solely as a result of his attempt to injure or kill himself or another;
- Office clerical workers covered under State law;
- Personnel for a club, camp, recreational operation, restaurant, museum, or retail outlet covered under State law;
- Marina personnel covered under State law;
- Personnel for suppliers, transporters, or vendors temporarily doing business on the premises of the maritime employer who do not normally do the type of work performed by the employees of the maritime employer and are covered under State law;
- Aquaculture workers involved in commercial cultivation and harvest of aquatic plants and animals covered under State law;
- Personnel involved in the construction, repair, or dismantling of any recreational vessel under sixty-five feet in length who are covered under State law;
- A master or member of a crew of any vessel;
- Anyone engaged by a master to load, unload, or repair any small vessel under eighteen tons net.
We are 'National" Longshore Act Lawyers. Meaning, we handle Longshore injuries across America. We have been handling Longshore Act cases since the 1980's. We can help you prevail in your Longshore case. The Longshore Act is very different from State of California workers' compensation law or other State laws. You need a Lawyer that specializes in Longshore cases. Super Lawer status and other awards is why many think of us as California's Leading Longshore Attorneys and America's Leading Longshore Lawyers.
How Our Qualifications Benefit You
The benefit to you is that you know that you are getting the very best Longshore lawyer for your Longshore injury case. You can rest assured that your attorney will stand up for you against the Longshore insurance adjuster and their attorneys. We understand that you and your family's future may be riding on your Longshore case. We can help you get your life back.
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