The LHWCA and Third Party Claims
If you work on a vessel as a longshore worker out of any of the ports in Fort Lauderdale, like Port Everglades, you are most likely aware that any injury you might sustain as a result of your work is covered under the Longshoremen & Harbor Workers Compensation Act (LHWCA). However, having such knowledge is not the same as actually knowing what benefits you are entitled to and how to receive the full amount of benefits for which you might be eligible when you actually sustain an injury doing longshore work. To understand the benefits that apply to specific injury situations, it is best to consult with a Fort Lauderdale longshore injury lawyer.
One aspect of the LHWCA that many longshore employees fail to understand is that even though they qualify for benefits under the LHWCA, they are also entitled to file third-party claims, and in limited instances, other claims against their employers. Longshore workers in Fort Lauderdale, as elsewhere, do have the right to file a separate lawsuit against any company that might have been responsible for the accident. If, for example, a company manufactured a defective part that led to your injury, you are entitled to collect any damages from that company that can be proven: pain, suffering, lost wages, medical costs, future loss of income, etc.
There are also limited occasions when you are not prohibited by the LHWCA from filing a traditional claim against your employer insofar as they were not your employer but the owner of the vessel involved in your injury, and as the owner, they were somehow negligent in a way that led to your injury in your capacity as a longshore worker. Such lawsuits are complicated, and anyone who believes that they may have such a claim should consult with a Fort Lauderdale longshore injury lawyer to discuss the details. It is also important for longshore workers to understand that neither a third party claim nor a lawsuit against the owner of the vessel is in anyway tied to LHWCA benefits. Even if those lawsuits were unsuccessful, a longshore worker is still entitled to compensation through the LHWCA.
If you are a longshore worker who has sustained a work-related injury, and you are experiencing difficulties with your employer in regard to obtaining your LHWCA benefits, or if you believe that you may have a right to benefits other than the LHWCA, it is imperative that you contact a Fort Lauderdale longshore injury lawyer as soon as possible. Your lawyer will be able to provide legal counsel and advise you as to how best to proceed. Your lawyer will also serve as an impassioned advocate on your behalf and will file any alternate claims that you deem necessary. Call a Fort Lauderdale longshore injury lawyer today and get the help you deserve.
For your longshoreinjury case, you need immediate answers from a Fort Lauderdale longshore injury lawyer you can trust. The Law Offices of Jason G. Barnett are keenly aware of the tactics used by the insurance companies and employers you’re up against. Don’t lose your entitlement to benefits that are rightfully yours. We are a maritime law firm that will fight for your rights. Call 888.854.8700 or visit http://barnettlawyers.com/
Processing your request, Please wait....
