Florida has more longshore and harbor workers than most other states because of the busy port industry and cargo terminals.
If your job is based on the shore but your work is offshore, you are a Longshoreman. Jobs may include loading and unloading a ship and repairing or building a vessel.
With fewer longshoremen on the job being asked to do more – a longshoreman’s injuries can result from heavy lifting or repetitive motion; from falling equipment or entanglement in gear; from the chemicals used onboard; and from loud noises in small spaces that cause hearing loss.
Whether working upon navigable waters, piers, drydocks, a platform, rig, or in a terminal, the Longshore Harbor Workers’ Compensation Act (LHWCA) protects the rights of longshore workers by providing medical benefits and a portion of the injured worker’s wages to support his family. Vocational rehabilitation may be needed if an injury turns into a permanent disability and the employee can no longer perform the same job.
The Act provides benefits, no matter who is to blame for the accident that caused the injury. In the case of an employee’s death, a survivor benefit is paid by the insurance company on behalf of the employee to his survivors.
However, the employee must prove that he was injured in a work-related accident and that it resulted in injury or a disability. Even if a pre-existing condition was aggravated, it will be covered as well.
A harbor worker can be classified as suffering from a Temporary Total Disability, Temporary Partial Disability, a Permanent Total Disability and a Permanent Partial Disability. At some time during his rehabilitation, the maximum medical improvement will be reached. That is when it will be determined whether or not the employee is permanently disabled.
A Florida Jones Act attorney can answer the question when the Jones Act compensation should be sought or Death on the High Seas Act. Sailors killed at sea, may seek compensation under the Jones Act. Survivors may also seek compensation for a death that occurs more than three miles off shore under the Death on the High Seas Act.
At Farah & Farah, our maritime attorneys have a solid recovery record in longshore law. We have recovered millions for clients, at no cost to them, until the case is won.
It will be important for any Florida maritime attorney to determine if there is a third party that may have had some part in the injury. The LHWCA does not extend protection from lawsuits to third parties who can be required to compensate the injured worker.
Seriously Injured? Contact a Jacksonville Harbor Worker Accident Lawyer at Farah & Farah Now!
If you or a loved one has been injured by someone else’s negligence at sea, the Jacksonville harbor worker accident attorneys at Farah & Farah understand just how complex the law can be in the area of interpreting the Longshore and Harbor Workers’ Compensation Act. Call us at 855-797-9899 and let us evaluate your case at no charge to you.