Longshoremen are not employed by the ship's owners but by stevedoring companies or worker unions. Longshoremen work in a high-risk environment with large machinery and heavy containers and face the risk of serious accidents and injuries every day.
Who are longshoremen?
Worker who load and unload a ship's cargo are generally considered longshoremen or harbor workers.
The United States Supreme Court has made a clear distinction that an injured worker cannot be a seaman and a longshoreman at the same time, ruling out the possibility that an injured longshoreman worker could bring Jones Act or
general maritime law claims against their employer. Instead, longshoremen who have been hurt or fallen ill while working on the navigable waters of the U.S. are covered under the Longshore and Harbor Worker's Compensation Act.
Longshore & Harbor Workers' Compensation Act
The LHWCA is a federal law that provides for payable compensation, medical care, and vocational rehabilitation services to workers disabled from injuries on the job. The law states that the injuries must occur on the navigable waters of the United States or in the adjoining areas such as, but not limited to, the following:
- Loading / Unloading Areas
Longshore workers, ship repairers, shipbreakers, shipbuilders, harbor construction workers, and other personnel working for longshore operations are qualified to seek compensation if they experience on-the-job injuries or illnesses. If non-maritime employees are injured while working on navigable water, they may also be covered under the LHWCA to recover certain benefits.
Protecting the Rights of Louisiana Longshoremen
If you have been injured while working as a longshoreman, it is important that you don't delay in filing your claim. The LHWCA stipulates that an injured employee must notify their employer of the injury within 30 days of occurrence, and a formal claim for benefits must by file within one year following the occurrence of the injury.
Our Louisiana offshore injury attorneys can help you file your claim and seek the financial compensation you deserve. Our firm has unmatched experience in handling maritime claims and we at Arnold & Itkin work hard to maximize our clients' recoveries.