Shipbuilders and the Longshore Act
Shipbuilders are vital parts of American industry. The Longshore Act covers them in case of injury or disease on the job.
Understanding the Longshore Act: A Guide for Ship Builders
The maritime industry relies heavily on ship builders, whose work often involves hazardous conditions and physically demanding tasks. To protect these workers, the Longshore and Harbor Workers’ Compensation Act (LHWCA), or Longshore Act, provides essential benefits for injuries and occupational diseases. This federal law is critical for ship builders and their employers to understand.
What is the Longshore Act?
Enacted in 1927, the Longshore Act offers financial and medical benefits to maritime workers injured on the job or suffering from work-related illnesses. It covers employees working on or near navigable waters, including shipyards and docks. Administered by the U.S. Department of Labor, the Act provides:
Medical treatment for injuries or illnesses
Wage replacement for disabilities
Survivor benefits in case of death
How Does It Apply to Ship Builders?
Ship builders are often covered under the Longshore Act because their work typically occurs in shipyards or on navigable waters. Key points include:
Coverage for Injuries: The Act applies to injuries sustained on navigable waters or adjoining areas like docks and piers.
Occupational Diseases: Ship builders exposed to hazards like asbestos or toxic chemicals may receive benefits for related illnesses.
Employer Responsibilities: Employers must carry Longshore Act insurance or self-insure to avoid penalties.
Why is the Longshore Act Important?
For ship builders, the Act ensures access to medical care and financial support after workplace injuries or in the case of occupational diseases. However, navigating the Act’s complexities can be challenging, particularly with issues like determining coverage, resolving benefit disputes, and meeting filing deadlines.
How a Maritime Attorney Can Help
An experienced maritime attorney can assist with:
Evaluating eligibility for benefits
Gathering evidence to present to the Office of Workers' Compensation Programs or Office of Administrative Law Judges
Advocating for you and assisting in litigation
Negotiating a settlement to resolve the dispute with your employer and/or their insurance carrier
The best part is that you may not need to come out of pocket for your attorney's assistance. The Longshore Act provides for fee shifting to the employer/carrier if you need to hire an attorney to assist you in obtaining benefits.
Final Thoughts
The Longshore Act is a vital safety net for ship builders, offering protection in a high-risk industry. Understanding its provisions and seeking legal guidance when needed can help workers and employers navigate its complexities effectively.
If you have questions about the Longshore Act or need help with a claim, contact our maritime law team for expert assistance.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for specific guidance.