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.
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:
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.
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
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.
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:
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.
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.
You must meet two criteria to qualify for Longshore Harbor Workers Compensation Act (LHWCA) coverage: the status test and the situs 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:
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:
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.
Longshore workers who meet certain eligibility criteria may be entitled to compensation for their injuries. Depending on the circumstances, these benefits may include:
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.
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:
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.
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.