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Louisiana LHWCA Lawyers

Louisiana Representation in Recovering Worker’s Compensation. Serving Baton Rouge & Nationwide.

The United States Department of Labor states that the LHWCA financially protects around half of a million maritime workers from workplace injuries and diseases. Because longshoremen and harbor workers have to use heavy, complex machinery and handle large loads from overseas, the risk of crushing injuries or coming in contact with a harmful disease or chemical is more likely for them than in other professions.

The United States Department of Labor directly describes the Act:
"The Act provides for compensation and medical care to employees disabled from injuries that occur on the navigable waters of the United States, or in adjoining areas used in loading, unloading, repairing, or building certain vessels. The Act also provides benefits to specific survivors and dependents if the injury causes the employee's death."

In short, this Act affords shipyard workers the ability to receive the compensation necessary for maintaining financial stability in the event of a serious injury or illness incurred in the workplace. Though you do not need to directly prove the fault of your employer for your injury or illness, legal representation is still critical in determining eligibility and helping to obtain the maximum benefits possible from the LHWCA.

Workers Protected by the LHWCA

Because the maritime industry is so vast, and the Act only refers to a relatively specific set of professionals, it may be helpful to know which of these occupations are covered by the LHWCA and which may not be.

The following job areas are covered by the LHWCA:

  • Longshore workers and operators
  • Ship repairmen
  • Ship builders
  • Harbor construction workers
  • Shipbreakers

If you or your loved one is a qualified “seaman,” protected under the Jones Act or Louisiana state worker’s compensation, the LHWCA will not apply. We have experience in many areas of law, including maritime law. Our attorneys thrive under the pressure large organizations and companies often put on in cases such as this and stand our ground to maximize your likelihood of receiving a favorable outcome. Arnold & Itkin LLP understands this Act and all of the specific benefits it entitles you as an injured or sickened longshore or harbor worker.

Longshore and Harbor Worker’s Compensation Act Entitlements

Workers are entitled to benefits under the LHWCA if an injury occurs in their area of work, which can include the shipyard but also extends to the building and repairing areas. Serious injuries almost always result in a financial crisis, which should be at least partially mended by the employer.

Standard benefits under the LHWCA include:

  • Medical expenses
  • Payments for disease contraction caused by shipping, such as prolonged exposure to harmful chemicals
  • Compensation for rehabilitation and/or physical therapy
  • Vocational rehabilitation
  • Benefits distributed to the families of workers who were killed on the job, as per a wrongful death claim
  • 2/3 of your normal weekly pay for the duration of your recovery time

LHWCA Benefits in the Event of Wrongful Death

The LHWCA does cover the families of victims if they are unfortunately killed in the workplace, but action must be taken within a relatively short period of time. 50% of the worker’s wages will go to a surviving spouse, 16.66% provided for his or her children, but only if the wrongful death is reported to the employer within 30 days of the incident and if a formal claim has been filed prior to one year after the incident.

LHWCA Representation in Louisiana

Because claims need to be filed within a timely manner and to make sure your employer is compensating you or your loved for every expense necessary, you need a competent legal team to represent you and your family. Our team has the legal prowess and experience to give you confidence in your legal counsel.

Call (225) 412-6348 to take the necessary steps in providing for yourself or your family in your time of distress.

Case Results

Check Out Our Victories

  • $29Million The Largest Known Settlement for a Wrongful Death Offshore Kurt Arnold, Jason Itkin, and Cory Itkin successfully secured a record settlement for a single family who tragically lost a loved one. It is the largest known settlement for a death that occurred offshore. While a settlement is not an admittance of responsibility, our firm was pleased that the company was willing to provide fair compensation to the family of their employee without a fight.
  • $14Million Jones Act Settlement Reached Two Days Before Trial Arnold & Itkin represented a seaman after he suffered a head injury on the Hercules 15 inland barge. Hercules employees tack welded a three foot pipe to the derrick and then forgot to remove it before starting drilling operations. The pipe was jarred loose and hit Plaintiff in the head, causing severe injury. We presented his case under the Jones Act against Hercules, who chose to settle just before trial.
  • $11.5Million Settlement Won for Injured Victim of Offshore Accident Arnold & Itkin obtained a settlement of $11.5 million on behalf of an offshore accident victim suffering from both physical and psychological injuries. His settlement will ensure that our client gets all the time, financial support, and stability he needs to fully recover and get back on his feet.
  • Confidential Defendant Paid Massive Settlement Rather Than Risk Trial Arnold & Itkin is proud to have aggressively pursued compensation for our client before the trial even began. Our pretrial preparation resulted in nearly two dozen depositions before the defendant chose to resolve the case.
  • $8.9Million Settlement Achieved for Severely Injured Seaman Arnold & Itkin helped secure a settlement on behalf of a seaman who injured his head when working aboard an offshore drilling vessel. Our firm helped to recover $8.9 million on his behalf.
  • $8Million Massive Settlement Reached Before Trial Began Our firm represented an offshore worker (a steward) who seriously injured his back in an accident. The injury prevented him from making a living. While other lawyers told him his case was only worth a few hundred thousand dollars, our attorneys knew better. Due to intense negotiations by the firm, Arnold & Itkin was able to obtain a settlement for $8 million from his employers.
  • $7.2Million Millions Won for Brain-Injured Client in Louisiana Arnold & Itkin recovered more than $7 million in a settlement for a severely injured Louisiana client. Our client suffered brain injury and memory issues while working on an offshore platform. The defendant settled his case during jury selection, and our client now has the money he needs to receive quality medical care for the rest of his life.
  • $7.1Million Concussed Worker Received a Massive Settlement after Accident Arnold & Itkin represented an offshore worker with a concussion and a herniated disk from an accident on the job. These injuries inhibited our client’s ability to make a living, requiring him to pursue a claim. His employers eventually resolved the case by settling for $7.1 million.
  • $6.9Million Settlement Obtained for Family of Deceased Offshore Worker Arnold & Itkin negotiated a multi-million dollar settlement for the family of a man who died offshore. Though the defendant attempted to get away with an extremely low offer, our team obtained a settlement that was many times larger.
  • $6.6Million Settlement Obtained for Wife & Family of Deceased Offshore Worker Arnold & Itkin helped a woman and her family get justice after her husband was killed in an incident offshore. Despite undue pressure from the defendant, our firm made sure our clients were taken care of for the rest of their lives.
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