Our Longshore Lawyers in Baton Rouge Can Help
Understanding the scope of coverage under the LHWCA is crucial for injured maritime workers seeking compensation. The Act specifically applies to employees performing maritime duties, such as loading, unloading, ship repair, and construction on navigable waters. This distinguishes it from other workers' compensation programs and shows the need for a Louisiana maritime attorney with proven knowledge of federal and state laws.
The Port of Greater Baton Rouge stands as one of the busiest inland ports in the United States, creating significant opportunities for longshoremen and harbor workers. People in this region support shipping, petrochemical, and logistics operations—but these sectors can pose additional hazards for employees. Our attorneys understand the unique safety regulations impacting maritime labor in this area, so we advocate effectively for every client's rights.
With the complexities involved in LHWCA claims, having a knowledgeable longshore attorney in Baton Rouge can make a significant difference in the outcome of your case. At Arnold & Itkin, we are equipped to navigate these complicated issues and ensure every aspect of your claim is addressed, helping you seek a fair resolution. Our clients mean everything to us, and we stop at nothing to help them get the results they need. Our testimonials say it all:
"They have given me my life back…They fought tooth and nail for me and my family. Any time we needed them, they were there."
- Josh, offshore accident survivor
Common Challenges Faced by Longshore Workers in Baton Rouge
Longshore workers in Baton Rouge face unique challenges because of the city's active port and industrial infrastructure. The Mississippi River's constant cargo traffic requires longshoremen to handle heavy equipment and manage freight safely. The humid, subtropical climate can intensify working conditions, causing heat-related illnesses and fatigue.
In Baton Rouge, longshoremen move bulk cargo, chemicals, and steel. These jobs demand strict safety protocols and heightened awareness. Heavy equipment and shifting containers at the Port of Greater Baton Rouge create risks such as falls, machine accidents, or chemical exposure. As port safety rules evolve over time, local workers need legal advocates who keep up with changes and can identify when employers fall short of their responsibilities.
When you need legal guidance from a longshore accident lawyer in Baton Rouge, choose a team with a deep grasp of these local realities to protect your health and rights.
Louisiana Workers Protected by the LHWCA
The maritime industry covers a wide range of occupations, but the LHWCA covers a specific group of professionals. Harbor workers build, repair, or overhaul vessels, operating machinery and handling large equipment. These tasks can be dangerous unless safety regulations are followed closely. When workers suffer injuries, a Louisiana harbor worker accident attorney can help determine the best way forward for seeking compensation.
The following job areas are covered by the LHWCA:
- Longshore workers
- Ship-repairers
- Shipbuilders and shipbreakers
- Harbor construction workers
In Baton Rouge, maritime employees often shift between these roles based on current port activity. The LHWCA makes eligibility decisions based on the work performed on or near navigable waters, not just job titles. Understanding these points helps Louisiana workers access all the benefits they deserve.
If you or your loved one is a qualified “seaman,” protected under the Jones Act or Louisiana state workers' compensation, the LHWCA does not apply. We have extensive experience in areas of maritime law. Our longshore injury attorneys remain steady under the pressure large companies can bring to these cases, always working hard to increase your chances for a successful outcome. Arnold & Itkin understands the Act and each benefit it provides to injured longshoremen and harbor workers.
The wide range of jobs covered by the LHWCA illustrates just how diverse maritime work can be. Shipbuilding and repairs involve operating heavy machinery and demand close attention to detail to avoid serious accidents. Shipbreakers encounter hazardous materials with risks for long-term health problems. Because of the varied dangers, the LHWCA offers support and compensation to many types of maritime workers. A longshore attorney in Louisiana can help guide you through these benefits and ensure you protect your rights.
Types of Longshore Accidents & Injuries Seen in Louisiana
Longshore work in Louisiana often involves heavy equipment, swinging cargo, and moving vehicles. Workers at Baton Rouge facilities face risks such as falls from heights, being struck by machinery, repetitive injuries, and chemical spills. Many incidents result from slips on wet or uneven ground, crush accidents from cargo, or collisions involving forklifts.
During periods of high traffic at the Port of Baton Rouge, fast-paced loading can increase accident risks when employers pressure crews to rush or skip safety steps. Baton Rouge’s weather, especially summer heat and storms, can create additional dangers for longshoremen, including dehydration or slippery surfaces. Employers in Louisiana need to maintain equipment, train everyone on up-to-date safety procedures, and comply with both state and federal standards.
When safety fails, injured longshoremen and their families have rights under the LHWCA and should discuss options with a longshoreman accident attorney in Louisiana.
How Louisiana Laws & Agencies Affect Longshore Claims
Louisiana’s legal system affects many aspects of longshore claims. The state sometimes extends certain deadlines or offers extra protection for maritime employees hurt in local docks or shipyards. Along with the LHWCA process, longshoremen in Baton Rouge may work with the Louisiana Workforce Commission or contact OSHA about workplace safety or injury documentation.
State and local inspectors monitor major worksites along the river and, if they find safety issues, may require corrections or assess penalties. Their involvement can impact investigations and influence which records workers need to keep. Judges and agencies in Louisiana recognize the demands of maritime trade, so claims can undergo careful review. Having an who understands these state and local factors can help claims progress without unnecessary setbacks, allowing injured workers to focus on healing.
Longshore & Harbor Worker’s Compensation Act Entitlements
Any worker has the right to refuse unsafe work if the employer violates OSHA standards, regulations, or legal requirements. The Longshore and Harbor Workers’ Compensation Act provides job injury and occupational disease protection to workers hurt on navigable waters. Harbor workers also qualify for extended benefits if their injuries occur in shipyards or boat yards on navigable waters.
This also includes adjoining shore installations, including:
- Building ways
- Dry docks
- Graving docks
- Marine railways
- Terminals
- Wharves
Workers qualify for benefits under the LHWCA if hurt in any covered area, from shipyards to build or repair yards. Severe injuries can lead to a financial crisis, and the law aims to provide relief when workers suffer harm on the job.
Standard benefits under the LHWCA include:
- Medical expenses, including treatment, medication, and medical supplies
- Compensation for rehabilitation and/or physical therapy
- Vocational rehabilitation
- 2/3 of normal weekly pay during recovery
The LHWCA also supports workers who develop disabilities or need continuing medical care. If a longshoreman or harbor worker suffers a wrongful death, the LHWCA may offer survivor benefits. The law does not require proof that the employer caused the injury. For occupational disease cases, where shipyards may claim a previous job caused the illness, the “last maritime employer rule” typically requires the last employer to pay compensation.
LHWCA Benefits for Fatal Longshore Accidents
The LHWCA pays benefits to families if a worker dies in the workplace, but individuals must act within a short window. The law provides 50% of the worker's wages to a surviving spouse and 16.66% for children, but the wrongful death must be reported within 30 days and a formal claim filed within one year of the incident.
After a Longshore Accident in Louisiana: Your Next Steps
After a longshore accident, your first priority must be your health and safety. Seek medical attention immediately, even if the injury feels minor. Many serious injuries don't show their full effects right away. In Baton Rouge and across Louisiana, longshoremen often receive treatment at facilities familiar with traumatic offshore and maritime injuries, such as Our Lady of the Lake Regional Medical Center, which is home to the only Level 1 trauma center in Baton Rouge. Medical records that clearly link your injury to your work duties or environment will be crucial later, so ask your doctor to document how the accident occurred and how your ability to work has been affected.
To protect your rights under the Longshore and Harbor Workers' Compensation Act:
- Report the accident to your employer to start the claims process and create a record of the incident.
- Get medical care right away and ensure your doctor notes the connection between your injury and your job duties.
- Gather evidence from the scene if you can: photographs, damaged equipment, and names of witnesses.
- Write down your own account of the accident while the details are fresh.
- Keep copies of all medical records and expenses tied to your injury.
- Contact an experienced Louisiana longshore accident attorney who knows the LHWCA and can fight for you.
Every step you take after a longshore accident can impact the outcome of your case. At Arnold & Itkin, we've helped countless maritime and longshore workers in Louisiana recover the benefits and compensation they deserve. We know the system, we know the employers, and we know how to win when your future is on the line.
Common Mistakes to Avoid After a Longshore Accident
Just as important as knowing what to do after a longshore or harbor accident is understanding what not to do. One misstep can put your health, your benefits, and your case at risk.
Some of the most common mistakes we see after longshore injuries include:
- Delaying medical treatment. Waiting to seek medical care, even a day or two, can give your employer or their insurer an excuse to argue that your injury wasn't as serious as you claim it to be, or wasn't work-related.
- Failing to report the accident quickly. Under the LHWCA, timely notice is critical. Always notify your supervisor and make sure it's documented in writing. You typically have 30 days to provide written notice to your employer.
- Trusting the company's doctor without question. Employers often send injured workers to physicians who minimize their injuries or clear them for work when they're not ready. You have the right to seek your own medical care.
- Giving recorded statements to insurers. Insurance adjusters and even company representatives may try to twist your words or pressure you into admitting fault. Speak to a lawyer first, and don't sign anything without counsel.
- Settling too soon. Quick settlement offers might seem helpful in the moment, but they rarely reflect the true cost of long-term medical treatment, lost wages, or permanent restrictions following a serious longshore injury.
These mistakes can cost Louisiana longshore workers the benefits they desperately need. That's why we step in early—to protect your rights, handle the insurers, and make sure your case is built the right way from the start.
What To Expect During the LHWCA Claims Process
When you file a claim under the LHWCA, the process starts with reporting your injury to your employer. After you give notice, you must fill out specific forms for the Office of Workers' Compensation Programs (OWCP). These forms document details about your injury, the accident, and any medical care received.
Pay special attention to the strict deadlines set by the federal LHWCA and any state requirements for Louisiana. Mistakes or missed dates when submitting documents can cause significant delays or denial of benefits. Baton Rouge workers should keep a copy of everything they send to their employer or the OWCP so they can track the process—and provide proof if a question comes up later.
Once the OWCP receives your paperwork, they will review your claim to decide whether you qualify for compensation. If approved, your benefits can include coverage for medical treatment and a portion of your lost wages. With legal guidance through this process, you can ensure that all your paperwork is complete and your submission is accurate. That is where Arnold & Itkin's knowledge and dedication can support you as you move forward.
LHWCA Representation in Baton Rouge, Louisiana: Going Further
If you've been injured while performing duties as a longshoreman, shipbuilder, or harbor worker, you have the right to seek compensation. Under the Longshore and Harbor Workers' Compensation Act, injured employees can recover medical care and a portion of lost wages.
At Arnold & Itkin, we've helped countless maritime and harbor workers after the worst accidents and injuries. Our Baton Rouge longshore accident attorneys have secured billions of dollars in verdicts and settlements for clients in Louisiana, across the Gulf Coast, and nationwide. We know what it takes to go up against powerful companies and win.
It's important to know that the LHWCA may not be your only avenue for recovery. In many cases, longshore accidents are caused not just by an employer, but by third parties—such as shipowners, contractors, equipment manufacturers, or negligent vendors. When this happens, you may have the right to file a third-party claim in addition to your LHWCA benefits. These cases can provide far greater compensation, including full lost wages, pain and suffering, and damages for permanent disability—amounts that go well beyond what the LHWCA alone provides.
We investigate every angle of a longshore accident case in Louisiana to identify all potential sources of recovery. When harbor workers are facing the toughest battles of their lives, we make sure no option is left unexplored.
Call (888) 493-1629 to take the necessary steps in providing for yourself or your family in your time of distress.
