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WILLIS
LAW FIRM
1221 McKinney
Suite #3333
Houston, Texas
TOLL FREE
1(800)883-9858
1(800)468-4878

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LONGSHOREMAN & HARBOR WORKERS COMPENSATION ACT - (LHWCA)
If
a dock worker or stevedore is
injured while unloading a ship or his injuries occurred on a offshore
drilling rig platform, then his compensation may be governed under the
Longshoreman & Harbor Workers Compensation Act (LHWCA). The
Longshore and Harbor Workers' Compensation Act, administered by the U.S.
Department of Labor, provides medical benefits, compensation for lost wages
and rehabilitation services to longshoremen, harbor workers and other
maritime workers who are injured during the course of employment or suffer
from diseases caused or worsened by conditions of employment. The Act is
a federal law that was enacted to provide for those employees in occupations
having a traditional relationship to maritime employment injured while
loading or unloading vessels, or those involved in the construction or
repair of ships. Any worker who is injured on a pier, dry dock, wharf or
shipping terminal may be compensated under the Act. Workers injured near
these facilities may also be compensated if their normal occupation involves
loading, unloading, building or repairing ships.
If you are a seaman and have been injured on a ship or vessel and your employer is not paying your medical bills, refusing to send you to a medical specialist or not paying you maintenance, then call us for a FREE CONFIDENTIAL CONSULTATION at 1-800-883-9858.
The act was initially passed by
the United States Congress in 1927, and provided coverage to longshore workers
working upon navigable waters of the United States in instances in which no
state workers compensation law applied. However, in 1984, Congress amended
the LHWCA in an attempt to give all longshore and harbor workers the same type
of
protection. This new amendment allowed coverage to the Act to be dependant
upon the location of where the employee was working, and dependant upon
whether or not the type of work performed had a traditional relationship to
maritime employment.
The LHWCA provides the injured
worker medical care and income benefits.If an injured longshore worker is
unable to work because of his or her injury, then temporary disability
benefits are paid monthly. The employee should receive 66 2/3 percent of his
or her average weekly wage at the time of the injury.The Lonshoreman's Act
also allows the injured employee the right to choose his or own treating
doctor. The primary function of the Longshore compensation program is
to act as a mediator in resolving disputed claims. By means of an informal
conference claimants and their employers discuss the issues and voluntarily
resolve their disputes. Lacking this informal mechanism for resolving
controversies, the parties must request a formal hearing before an
Administrative Law Judge.
For
purposes of the Act, the term “employee” means:
- Any longshoreman (or other person engaged in
longshoring operations)
- Harbor-workers
- Ship repairmen
- Shipbuilders
- Ship-breakers
Under
the LHWCA, the term “employee” does NOT include:
- Individuals employed exclusively to perform office
clerical, secretarial, security, or data processing work
- Individuals employed by a club, camp, recreational
operation, restaurant, museum, or retail outlet
- Individuals employed by a marina and who are not
engaged in construction, replacement, or expansion of such marina
(except for routine maintenance)
- Individuals who (i) are employed by suppliers,
transporters, or vendors, (ii) are temporarily doing business on the
premises of an employer described in paragraph (4), and (iii) are not
engaged in work normally performed by employees of that employer under
this Act
- Aqua culture workers
- Individuals employed
to build, repair, or dismantle any recreational vessel under sixty-five
(65) feet in length
- A master or member of a crew of any vessel
- Any person engaged by a master to load or unload or
repair any small vessel under eighteen tons net
NOTICE TO ALL INJURED LONGSHORE & HARBORWORKERS:
You must file a Longshoreman and Harbor Workers'
accident claim within ONE (1) year from the date of accident
or injury by filing a blue form LS-203 with the U. S. Department of Labor.
For more information on the Longshore Harbor Workers’ Compensation Act,
contact the U.S. Department of Labor at 1-866-4-USA-DOL or by visiting
their website at http://www.dol.gov.
LEGAL ACTIONS FOR LONGSHOREMEN -
THIRD PARTY LAWSUITS
Longshoremen,
harbor workers and ship repairmen generally receive longshoreman and
harbor workers' compensation or state workers'
compensation benefits, but may have a 3rd party cause of
action for injuries caused by dangerous conditions on board the vessel
or negligence of someone other than their own employer. If you
have been seriously injured as a result of the negligence of a third
party and
would like to speak to a lawyer, then call 1-800-883-9858 for a Free
Confidential Consultation.

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If you have been seriously injured while as a member
of the crew of a boat, jack-up rig, tug boat, barge or other marine
ship or vessel, then call us for a Free Confidential Consultation.
Talk to Board Certified Personal Injury Trial Lawyer with over
20 years of experience. (Click Here)

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If I am injured on a ship, should I give a statement
to my employer ? When should I file a notice of injury report ? Under
the Jones Act, do I have the right to choose my own medical doctor ?
(Click Here)

What does maintenance and cure mean
under the Jones Act ? Under what circumstances can I recover pain & suffering
and loss wages under the Jones Act ? (Click
Here)

What
does it mean for a ship to be unseaworthy ? Under the Jones Act can part
of the ship or vessel be seaworthy and another part unseaworthy? (More)

Under the Jones Act and maritime law, what is the
deadline or Statute of Limitation to file a claim or lawsuit if I was
injured on a ship or vessel ? (More)

What if I am not a Jones Act seaman, but I was injured on a ship, vessel or an offshore oil rig or platform ? Does maritime law still apply ? Can I file a maritime claim or lawsuit to recover for my injuries? (More)

Can I file a Jones Act claim if my loved on has been diagnosed
with asbestos lung cancer or mesothelioma from asbestos exposure while
working on a ship or at the shipyard ? (More)
Does maritime law protect me if I was exposed to benzene and later I am
diagnosed with leukemia ? (More)

What if my spouse is killed while at sea? Does the Death
on the High Sea Act (DOHSA) apply to all deaths on ships vessels, helicopters,
and
ships on the high seas?
(More DOHSA info)

What are my legal rights if I have had a previous or old injury but now I have suffered a new injury to my back and neck and may need surgery but the Maritime Insurance company's adjuster says I am not covered and he will not approve it ? Yes, you are covered whether it is aggravation of a old injury or new one, if you were a Jones Act seaman injured on the vessel and the employer was at fault or negligent then you can file a Jones Act lawsuit for any type of injury such as heart attacks, strokes, head injury, brain damage, paralysis, burns, broken bones, paraplegia, quadriplegia, loss of an arm or leg, blindness and for emotional trauma or mental anguish, disfigurement, medical expenses and for loss wages or lost earnings in the past and future.
(Jones Act Lawsuit Damages) |
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NOTE: The statements and information provided on this web site are for the informational purposes only. This site is not intended to provide legal advice to the reader and NO attorney-client relationship shall be deemed to arise from the receipt this page and/or its associated pages or any oral or e-mail communication to or from with David Willis or The Willis Law Firm. There will be NO lawsuits filed, claims made, letters or phone calls made for a prospective client, until that person is represented by the firm. An attorney client relationship only arises after the attorney and client have signed a written attorney client agreement, after the attorney has evaluated the background facts provided and has accepted the representation of the client's legal action.
Mr. Willis is a licensed attorney in New York and Texas. Principle office is Houston, Texas.
He is a Board Certified in Personal Injury Trial Lawyer, certified by the Texas Board of Legal Specialization.
Mr. Willis has represented clients in maritime personal injury, barge accidents, boating accidents, transports, crew boats, diving accidents, rig workers, injuries in river, lakes, canals, ICC, wrongful death lawsuits, oilfield accidents, oilrig accidents, tankers, shrimp boats, fishing vessels, tug boats, push boats, auto accident, explosions, crane accidents, rollover, asbestos, mesothelioma, sandblasters disease - silicosis, benzene solvents-aml leukemia, MDS, toxic chemical, lung cancer, 3rd party actions, electrical shock, fires, burns, explosions, helicopter crashes, tugboats, trucking accidents, third party lawsuits, and other product liability and negligence cases from across the United States, including clients from Alabama, Arkansas, Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Iowa, Virginia, Mexico, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, Mississippi, Montana, North Carolina, Nebraska, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wisconsin, West Virginia & Wyoming.
Further, any statement or reference to past personal injury, products liability lawsuits, settlements or verdicts should NOT be relied upon in one's own case or in your decision on which law firm to hire. All cases, facts, injuries, damages, venues and lawsuits are different and there is NO way to predict the outcome of a particular case, verdict of a jury or judge or the strength of a case before a judge, jury or the appellate court system. The client is responsible for all of their own medical expenses. All cases are handled on a contingent fee basis. No attorney’s fees or case costs charged to client, unless a recovery is made for the client. Often in very serious and catastrophic maritime injury and offshore seaman injury cases Mr. Willis may associate with another attorney as co-counsel and in other matters, the case may be referred. In cases where a legal matter is referred, Mr. Willis will continue to maintain joint responsibility with the handling attorney or lead counsel and actively monitor the progress and development of the case |
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