Longshoreman Injuries – Longshore and Harbor Workers’ Compensation Act – Filing an OWCP Claim

If you are a longshoreman and have suffered an on-the-job injury, contact Robert W. Nizich. The Law Office of Robert W. Nizich has successfully represented many injured workers and obtained the compensation they deserve. Under the Longshoreman and Harbor Workers’ Compensation Act, maritime laborers are entitled to recoup medical expenses, lost wages, and the cost of medical-related travel. In addition to this OWCP claim, injured longshoreman may be entitled to file for supplementary compensation if the injury was caused by the negligence of another.

• The Longshore and Harbor Workers’ Compensation Act
• Compensation Programs - Benefits
• Filing a Third-Party OWCP Negligence Claim

The Longshore and Harbor Workers’ Compensation Act

The Longshore and Harbor Workers' Compensation Act is a federal law that was enacted to provide for those employees injured while loading or unloading vessels, or those involved in the construction or repair of ships. It fills the gap that exists between the Jones Act, which protects seamen, and an employer's workers' compensation insurance, which does not cover people with jobs on navigable water. The longshoreman's system is administered by the Office of Workers’ Compensation Programs (OWCP), and injured workers who qualify for coverage are entitled to claim disability benefits. The Act also provides death benefits to the dependents of deceased employees.

Longshoremen injuries and fatalities are commonly caused by accidents including:

• Fires and explosions
• Drowning and near-drowning accidents
• Electrocutions
• Equipment related accidents
• Machinery or vehicle accidents
• Crane and forklift injuries
• Material handling injuries and accidents
• Scaffolding accidents
• Slip and fall accidents

In addition to these serious accident injuries, longshoreman may experience repetitive strain or repetitive motion injuries (RMI). These chronic problems are common in the back, knees, wrists, neck, shoulders, and hands. These RMI injuries are common for many harbor or maritime employees.

In response to the vast amount of injuries being sustained by maritime workers, the Longshore and Harbor Workers' Compensation Act was put into action by the U.S. Department of Labor as an effort to offer seriously injured maritime workers – including longshoreman – certain benefits following an injury. This includes supplementary income, medical service compensation, and employment rehabilitation services.

Compensation Programs - Benefits

The Longshore and Harbor Workers’ Compensation Act, administered by the Office of Workers’ Compensation Programs (OWCP), provides wage compensation and medical care to employees who are injured or contract an occupational disease. The Longshore and Harbor Workers’ Compensation Act covers workers involved in the loading, unloading, repairing, or building of maritime vessels. Benefits are provided by an insurance company or an OWCP-authorized employer. Benefits can also be provided to an employee’s dependents if a work-related injury causes the employee’s death. Generally, the Longshore and Harbor Workers’ Compensation Act covers employees engaged in maritime activity, but not on vessels (shipyard workers, repairmen, and workers on fixed platform). Contact the Law Office of Robert W. Nizich for more information on your OWCP claim.

Take a closer look at the Longshore and Harbor Workers’ Compensation Act »

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Filing a Third-Party OWCP Negligence Claim

In addition to the compensation an injured longshoreman may be entitled to under the Longshore and Harbor Workers’ Compensation Act, an OWCP claim for negligence action may be taken against a third party. With an OWCP claim, the worker may be eligible to collect damages if he can prove that the third party in any way caused the accident. Employees injured by negligence may do one of the following:

• Employees may elect to file a claim for compensation
• Employees may file a civil suit against the third party for negligence
• Employees may elect to pursue both actions simultaneously

If you or a loved one is a longshoreman, injured on the job, contact Robert W. Nizich. Our firm can help you get the financial compensation you are entitled to. We are experienced with the Longshore and Harbor Workers’ Compensation Act and have successfully litigated many OWCP claims. For more information on the Longshore and Harbor Workers’ Compensation Act, click here or contact your local Longshore District Office.