Longshore & Harbor Workers’ Compensation – Onshore Injuries

The Longshore and Harbors Workers’ Compensation Act provides workers’ compensation benefits for maritime workers who are not seamen.  The benefits the statute provides, like a state workers’ compensation scheme, do not depend on finding that the employer was at fault.  These benefits include disability payments and rehabilitation services.  The act also provides benefits to survivors when a maritime worker dies from work-related injuries.

The Longshore and Harbors Workers’ Compensation Act is a comprehensive workers’ compensation scheme for maritime workers.  The law fills a gap that exists between the Jones Act, which protects seamen, and state workers’ compensation, which covers injuries occurring within a particular state.  And injured workers who qualify for coverage are entitled to disability benefits.  Under the Longshore and Harbors Workers’ Compensation Act the right to receive benefits does not depend on a finding that the employer was at fault for the worker’s injuries much like state Workers’ Compensation law.

The Longshore and Harbor Workers’ Compensation Act covers injuries that occur during maritime employment.  Maritime employment includes the loading/unloading of vessels, repairing vessels and building a vessel.  A worker who is injured on a pier, wharf, dry dock or terminal, can be compensated under the Act.  Areas near a pier or wharf can also be included such as areas for loading, unloading, repairing, or building vessels.

The Longshore and Harbors Workers’ Compensation Act provides medical and disability benefits as well as rehabilitation services.  The medical services must relate to the injury or illness sustained on the job.  Occupational diseases that “arises naturally” from maritime employment are also included such as a welder who worked in a shipyard who develops a chronic illness as a result of handling asbestos at work.  The Act also provides wrongful death benefits to survivors of a worker who is killed on the job. 

An employee who is injured on the job has just 30 days to give the employer notice of the injury.  When the employee develops a disabling condition or illness that is work related, notice also must be provided.  A formal Longshore and Harbor Workers’ Compensation Act claim for benefits must be filed with the Department of Labor within one year from the date of injury.  An employer can dispute the claim or begin voluntary payment within fourteen days of the accident.  If an employer disputes the claim there is a conciliation procedure designed to help the parties come to an agreement about how the dispute should be resolved.  If the parties cannot resolve the problem, an administrative law judge (ALJ) working for the Department will conduct a hearing and render a decision.

The Longshore and Harbors Workers’ Compensation Act also allows an injured worker to sue persons or entities, other than the employer or co-worker, whom the worker believes to be at fault for his or her injuries.  Such when a worker is injured on a vessel, there may be a claim of negligence against the vessel and its owner.  However, the worker is not permitted to allege a claim of unseaworthiness, because that claim is reserved to seamen.   

Karns Law Group is extremely experienced in handling Longshore and Harbor Workers’ Compensation cases and anyone with a claim regarding this should immediately contact Karns Law Group.  Karns Law Group has offices in Cranston, Rhode Island, East Providence, Rhode Island, and Middletown, Rhode Island and serves all of Rhode Island and Southeastern Massachusetts.

Robert T. Karns
Attorney at Law 
Member RI & MA Bars

Karns Law Group

Maritime Injuries – Injuries on Navigable Waters

Anyone injured in the scope of their employment while working at sea or on the water falls within the category of maritime injuries.  This is governed by a United States Federal Act known as the Jones Act and is also governed by Federal Case Law known as Admiralty utilizing Jones Act and the concepts of unseaworthiness. 

Maritime injuries include anyone injured on navigable waters.  This can be the open ocean, bays and harbors and lakes and rivers.  The class of injured people includes fisherman, and workers on all types of ships, boats, barges and watercraft.  Benefits under the Jones Act and the concepts of unseaworthiness are paid instead of normal Worker’s Compensation and include maintenance and cure (maintenance is the weekly amount the injured worker will receive and cure is the payment of his or her medical bills).  In addition to the benefits of maintenance and cure, the law of maritime injuries also allows the injured worker to sue his employer under the Jones Act and the concepts of unseaworthiness for damages. 

Injured workers must fit the definition of seaman and must be injured on navigable waters. 

These benefits pay the injured worker’s medical bills and provide him or her with weekly income.  In addition, as stated, the injured has a right to sue for damages and either go to trial for a recovery or eventually settle the case. 

Karns Law Group is extremely experienced in handling all injured workers under the Jones Act and unseaworthy doctrine.  Anyone injured on navigable waters that qualifies as a seaman should immediately contact Karns Law Group for representation.  Karns Law Group has offices in Cranston, Rhode Island, East Providence, Rhode Island and Middletown, Rhode Island and services all of Rhode Island and Southeastern Massachusetts.

Robert T. Karns
Attorney at Law 
Member RI & MA Bars

Karns Law Group