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Longshore Workers Injury Lawyers

Longshore work in Texas is undeniably one of the most perilous occupations. The bustling docks, towering cargo containers, heavy machinery, and constant maritime activity create an environment where an accident can happen at any time. Every day, longshore workers put themselves at risk, knowing that a single moment of inattention or a minor mishap can lead to devastating injuries.

If you or someone you love has been injured while working on the waterfront, you know how catastrophic an injury can be. In addition to a difficult recovery, you’re looking at lost income and mounting medical bills. During times such as these, you need an attorney who understands the special hazards of your profession and will aggressively pursue the compensation you deserve.

At Villarreal & Begum, LAW GUNS, we stand firmly by the side of injured Texas longshore workers and their families. Your safety and well-being are our top priorities, and we are here to help you get the results you need to rebuild your life. Don’t hesitate to reach out to us today for a free consultation.

Why Hire The Villarreal & Begum, LAW GUNS, For Your Longshore Injury Case?

When you’ve been injured, there’s a lot at stake: your physical and mental well-being, financial stability, and, of course, your future. At the Villarreal & Begum, LAW GUNS, we know what you’re going through and are uniquely positioned to fight for your rights. When you work with our personal injury law firm, you benefit from the following:

  • Proven Track Record: Our experienced attorneys have successfully represented numerous longshore workers and their families, achieving substantial settlements and verdicts. Our consistent results demonstrate our ability in maritime-related litigation.
  • Strong Advocacy: A workplace injury can have a devastating impact on you and your family. Our legal team will stand by your side, providing support and guidance tailored to your individual needs.
  • Thorough Investigation: To make your case as strong as possible, we thoroughly investigate the circumstances surrounding your injury, gather evidence, and consult with maritime experts when necessary.
  • Outstanding Negotiation Skills: We possess exceptional negotiation skills and have a reputation for achieving favorable settlements. We know how to negotiate with insurance companies, vessel owners, and other parties involved in longshore-related matters. While many cases are settled out of court, we are always prepared to take your case to trial if necessary. 

 At the Villarreal & Begum, LAW GUNS, we are unwavering in our commitment to justice for you and your family. Contact us today to discuss your longshore injury case and discover how we can make a difference for you.

Common Longshore Injuries

The perilous nature of longshore work, coupled with the constant presence of heavy equipment and machinery, creates an environment where even minor safety violations can have serious consequences. Injuries sustained during longshoreman or stevedore duties can be catastrophic and, in tragic cases, fatal.

Common causes of maritime injuries include

  • Defective or malfunctioning equipment
  • Fires or explosions due to the presence of flammable materials
  • Electrocution
  • Slips and falls
  • Drowning
  • Crane accidents
  • Forklift accidents
  • Exposure to harmful substances
  • Co-worker negligence

It takes just a split second for things to turn for the worse in the fast-paced environments of longshore operations. Fortunately, the Longshoremen and Harbor Workers’ Compensation Act (LHWCA) is designed specifically to protect maritime workers like you who may not be eligible for coverage under either the Jones Act or traditional workers’ compensation laws. This legislation is a vital safety net, ensuring that you have access to the support and compensation you need in the event of an injury. 

Coverage under the Longshore and Harbor Workers Compensation Act

To qualify for compensation benefits under the Longshore Harbor Workers Compensation Act (LHWCA), your work must take place on navigable waters or in areas closely connected to them. These areas include docks, terminals, piers, oil rigs, and platforms.

Work generally covered by the LHWCA includes:

  • Loading cargo onto a vessel
  • Unloading cargo from a vessel 
  • Repairing and/or maintaining a vessel
  • Constructing and/or deconstructing a vessel
  • Longshore work (e.g. dock workers)
  • Work on a fixed platform
  • Activities carried out in the harbor, such as maintenance and construction
  • Stevedoring

LHWCA coverage extends to both international and domestic workers. This includes civilian personnel and contract workers who are engaged in work abroad, whether for the U.S. military or private businesses operating on the U.S. outer continental shelf.

How to File an LHWCA Claim

To pursue a successful Longshore Harbor Workers Compensation Act claim, it is essential to understand the process.

LHWCA claims must be filed within strict deadlines. Generally, claims related to injuries resulting from workplace incidents must be submitted within 30 days of the event. For claims involving occupational diseases like mesothelioma, the deadline may be extended to one year. Delaying the filing of an LHWCA claim can decrease the likelihood of approval.

Unlike many other workers’ compensation claims processed by state agencies, LHWCA claims must go through the federal Office of Worker’s Compensation Programs (OWCP). This distinction is an essential part of the LHWCA claim process.

It is important to note that LHWCA claims are classified as no-fault claims, meaning that compensation is payable irrespective of whether fault caused the injury. This implies that even if a worker played a role in the longshore accident or injury, they may still qualify for compensation. However, the LHWCA does not provide compensation in cases where a worker’s injury resulted from their own intoxication or deliberate intent to harm themselves or others.


How Do I Know If I’m Covered By The LHWCA?

You must meet two criteria to qualify for Longshore Harbor Workers Compensation Act (LHWCA) coverage: the status test and the situs test.

Status Test

This test assesses whether your work can genuinely be considered maritime. In other words, a substantial part of your job should involve activities related to water or contribute to the maritime aspect of your employer’s business. Employees who may meet the status test criteria include:

  • Cargo loaders and unloaders
  • Longshoremen
  • Shipbuilders
  • Shipbreakers
  • Ship repairers
  • Truck drivers who assist with the transportation of offshore shipping containers

It is to be noted that not all employees whose duties involve bodies of water automatically meet the status test. The LHWCA specifically excludes certain types of employees from coverage, such as:

  • Marina employees who do not participate in construction or expansion activities (e.g., administrative staff)
  • Shipbuilders and mechanics working on recreational boats under 65 feet in length
  • Aquaculture workers
  • Captains or crewmembers on navigable vessels

Situs Test

The situs test examines the location of your work. To satisfy situs test requirements, your work must be within approximately one mile of navigable water. This includes various work settings like vessels, docks, wharves, terminals, shipyards, and other maritime facilities.

If you believe you meet these criteria and have suffered a work-related injury, seeking legal counsel can help you secure the coverage and maximum compensation you may be entitled to.

What Compensation Is Available for a Longshore Workers Injury?

Longshore workers who meet certain eligibility criteria may be entitled to compensation for their injuries. Depending on the circumstances, these benefits may include:

  • Temporary or permanent disability benefits
  • Medical treatment
  • Transportation for medical care
  • Rehabilitation costs
  • Physical therapy
  • Attendant care

The LHWCA also provides injured workers or their surviving family members with the option to pursue legal action against a third party for negligence that resulted in injury or accidental death. If you or a loved one has suffered a longshore worker’s injury, contact the Villarreal & Begum, LAW GUNS to discuss your legal options.

How Can a Texas Longshore Workers Injury Lawyer Help Me?

Longshore Harbor Workers Compensation Act claims can be difficult to navigate. It often presents challenges, especially when facing issues like insurance companies underpaying or denying legitimate claims. When you hire a Texas longshore worker’s injury lawyer to handle your case:

  • Effective Negotiation With Insurers: An experienced lawyer can be your strong advocate when dealing with insurance carriers. They have the legal knowledge and negotiation skills to push back against insurers who may try to minimize or deny your rightful benefits.
  • Experience in Claim and Appeal Procedures: The LHWCA claims and appeals process can be complex and confusing. An experienced longshoreman injury attorney understands the ins and outs of this process and can guide you through it, ensuring that you meet all the requirements and deadlines.
  • Maximizing Compensation: The ultimate goal of a Longshore Workers’ Injury Lawyer is to secure the full amount of financial compensation you are entitled to. They will work diligently to ensure that you receive the financial support you need to cover medical expenses, lost wages, and other damages resulting from your injury.

Having a knowledgeable and dedicated attorney on your side can significantly increase your chances of a successful outcome. If you’re facing challenges with your longshore workers’ injury claim, call the Villarreal & Begum, LAW GUNS.

Get a Free Consultation With a Texas Longshore Worker’s Injury Lawyer

With marine workers, the nature of the job underscores the ever-present risk of accidents. When faced with the harrowing aftermath of a waterfront injury, you know the hardships it entails. In addition to the challenges of recovery, there are the financial burdens of lost income and mounting medical expenses. You need more than just legal representation; you need strong advocates who know how to build and pursue a compelling case.

At Villarreal & Begum, LAW GUNS, we are here to guide you towards the results you need to rebuild your life. Reach out to our law firm today for a free consultation, and let us be the champions of your cause. To schedule your free initial consultation with one of our personal injury lawyers, call (210) 800-0000 or contact us online today.