LONGSHOREMAN
PERSONAL INJURY



The Longshore & Harbor Workers’ Compensation Act (LHWCA), 33 USC § 901, et seq., provides injured longshoremen, harborworkers, clerks and checkers with compensation for disability, death or occupational disease suffered while working along the waterfront loading, unloading, repairing, or building a vessel.

The LHWCA also provides for medical and vocational benefits. The claim is administered by the United States Department of Labor, Office of Workers’ Compensation Programs, and through the Office of Administrative Law Judges (OALJ).

Who Is A Longshoreman?



The term “employee” as used in the LHWCA refers to any person engaged in maritime employment including crane operators, hold men, clerks and checkers, dock men, forklift operators, warehousemen, ship repairmen, pile drivers, and workers constructing piers. An injured employee must give written notice to the employer (and the Department of Labor) within 30 days of the date of injury or death, or within 30 days after the employee or dependent becomes aware, or in the exercise of reasonable diligence or by reason of medical advice, should have been aware that there is a relationship between the injury or death and the employment.
Also, a claim must be filed by an employee or dependent in the Office of the District Director within one year of the injury or death or one year from the date the employee or dependent became aware or should have become aware of the relationship between the injury or death and the employment.

Under the LHWCA, the employer is obligated to furnish the employee with reasonable and necessary medical treatment, including medical, surgical, nursing, hospitalization, drugs, diagnostic studies, and reasonably necessary costs for travel required for the treatment.

Very importantly, the injured employee has the right to choose his or her own physician to treat his or her injuries. Insurance companies and employers try to steer injured workers to doctors who have the insurance company’s interests at heart. You should hire the Kolodny Law Firm immediately after your accident to make sure your best interests are protected in the early and highly crucial phases of your longshore claim.

Compensation benefits under the LHWCA are based upon the employee’s average weekly wage. The average weekly wage is calculated based upon the employee’s earnings for the 52 weeks prior to the injury. The Kolodny Law Firm fights for its longshore clients to set the average weekly wage at the highest rate possible.
Any claim under the LHWCA may be settled by the parties. If the settlement is for a claim involving a permanent disability (either total or partial), a calculation of the expected future compensation benefits, reduced to present value, is ordinarily made. Likewise, if future medical is expected, the parties negotiate an amount representing the present value of the anticipated future medical care required. All settlements must be approved by the U.S. Department of Labor or Administrative Law Judge assigned to the case. Hiring the Kolodny Law Firm to represent you in your longshore claim will be the best first step you can take after your accident to secure a fair resolution of your longshore claim. Please call us anytime day or night at (713) 532-4474 for a free initial consultation.

Attorneys’ fees under the LHWCA are not deducted from the claimant’s recovery but paid separately by the employer or its insurance company. Thus, there is no cost to you to have representation under the LHWCA.

Representation for overseas military contractors under the Defense Base Act (DBA) is also provided by the Kolodny Law Firm. Defense Base Act (DBA) claims for overseas military contractors are handled under the provisions of the The Longshore & Harbor Workers’ Compensation Act (LHWCA), 33 USC § 901, et seq. and administered by the United States Department of Labor, Office of Workers’ Compensation Programs.

Attorneys’ fees under the Defense Base Act (DBA) are not deducted from the claimant’s recovery but paid separately by the employer or its insurance company. Thus, there is no cost to you to have representation under the Defense Base Act (DBA).

Please call us anytime day or night at (713) 532-4474 for a free initial consultation on your Defense Base Act (DBA) claim.

WE'RE HERE TO HELP!