Hurt at work on or around the docks or shipyard? We know the law when it comes to the Longshore and Harbor Workers’ Compensation Act (LHWCA).

The Charleston job injury lawyers at Howell and Christmas, LLC know that longshoremen and harbor workers’ work is dangerous and often leads to serious injuries and even death. When a worker on or near the docks gets injured on the job it can be devastating to them and their families. After the accident at work, there are many questions that must be answered. For example; what workers are covered by LHWCA? If I am a covered worker, do I get to choose my own doctor? How will my medical bills be paid? Will I be entitled to disability checks? If so, how much and how often will I receive those disability checks?

We are ready to help. The accident and injury lawyers at Howell & Christmas, LLC know the Longshore and Harbor Workers’ Compensation Act. We have an experienced and highly trained group of attorneys and staff that can assist you in getting your benefits faster and in providing you with the legal representation you deserve.

What You Need To Know Who is covered under the LHWCA?

The Act covers most employees that are performing work that has a traditional relationship to maritime employment. There is also consideration given with regard to where (i.e. the location) the employee was working at the time of his accident. For example: the Act covers those workers engaged in unloading and loading ships as well as those that build, repair and/or dismantle ships. In many instances, employees that provide support to the above referenced work are also covered, however, each case needs to be looked at on a case by case basis. We caution all those injured on the job to not just accept the insurance companies’ decision that they are not a covered worker. Just because an insurance company takes a position in your case does not mean that they are right. You should consult an attorney to determine what rights you have under the Act.

What benefits does the Act provide?

The LHWCA provides that the employer provide the injured worker with (1) medical care and treatment; (2) bi-weekly disability benefits checks for all periods of time the employee is taken out of work by an approved physician; and (3) payment for any permanent total or partial wage loss or scheduled member disability. It is very important to know that under the LHWCA you are entitled to choose your own doctor to provide your medical treatment. This is not true under the South Carolina state workers’ compensation act which provides that the employer chooses the worker’s doctor. See more on this subject under “Concurrent Jurisdiction” below.

What is concurrent jurisdiction and do I have more than one case?

When you are injured at work and are covered by the LHWCA you are also covered by the South Carolina Workers’ Compensation Act. This is known as concurrent jurisdiction (i.e. the reach of two or more statutes to a single injury). It is important to note that this does not entitle you to a “double recovery” but having coverage under both systems does allow you to pick and choose the law that is most favorable to you on any given issue.

Free Consultation

Need your questions answered? Let us help you. Your initial consultation is Free and if we take your case, THERE IS NO FEE UNLESS WE WIN COMPENSATION FOR YOU. Attorney fees calculated before expenses. Just click on "Ask a Lawyer" and send us your questions. Let one of our Charleston workers' compensation lawyers give you straight answers to all your legal questions.

Our personal injury attorneys concentrate in all areas of practice, including: child injury and death, automobile accidents, workers compensation injuries, longshore, harbor workers and all other on the job accidents, birth trauma, boating accidents, burn injuries, child sexual abuse, construction accidents, defective products, dog bites, drug injuries, insurance bad faith, medical malpractice, nursing home abuse, pharmacy negligence, premises liability, spinal injuries, SUV rollovers, traumatic brain injuries, truck accidents, wrongful death.