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Questions about Obtaining LHWCA Benefits? We Have Your Answers
Trying to obtain benefits following a maritime injury, is not an easy task. If you are a longshoreman, ship repairer, harbor worker or other maritime employee, understand that you may have legal rights under a federal law known as the Longshore and Harbor Worker's Compensation Act (LHWCA). Under the LHWCA, you can pursue benefits for medical care and lost wages.
When injured longshoremen call our office, they typically have a lot of questions. That is understandable. After all, no one really teaches you exactly what needs to be done following an accident in a shipyard, harbor or other location. Below are some common questions that are asked:
What should I do first? You should notify your supervisor immediately. You should also seek medical treatment as soon as you can. Some injuries don’t surface right away, so what might appear as minor pain, could turn out to be a serious injury.
Who pays for my medical bills? Your employer’s insurance company is supposed to pay for the medical treatment associated with your injury.
How soon will I start to receive my LHWCA benefits? Your employer or its insurance company should start paying you benefits within fourteen days following the receipt of the Notice of Injury. There are some exceptions, so it would be a good idea to talk with a maritime attorney.
Can my employer fire me for filing a claim under the LHWCA? We talk about this subject in more detail in our article, Will My Employer Fire Me For Pursuing LHWCA Benefits? Under the law, your employer is not allowed to discharge or discriminate against you because you have filed a claim for compensation.
If you have been denied benefits under the Longshore & Harbor Workers’ Compensation Act, or if your employer is being difficult, contact an experienced Houston maritime attorney at our office today. You can reach us for a free consultation by calling 877.724.7800.