Houston Longshoreman Injury Attorneys
Standing Up for Injured Longshoremen Nationwide. Offices in Texas & Louisiana.
In addition to loading and unloading cargo, a longshoreman must be able to complete a variety of tasks that range in difficulty. These tasks include operating equipment, transferring loaded trailers, rigging cargo, and more. The terminal areas in which longshoremen work have many safety regulations that govern the high traffic areas and heavy-weight equipment. Even with these regulations, the possibility of a serious accident is high. When a longshoreman is seriously injured, it is crucial for an attorney to be involved early enough to investigate the accident. With professional legal help, you may be able to prove that your accident qualifies for compensation under maritime law.
Longshoremen's Rights Under Maritime Law
Most of the machinery used in a marine terminal requires a fair amount of skill and experience to operate safely and effectively. Due to the high potential for injury, the National Maritime Safety Administration was formed to protect the rights of those working in the marine cargo handling industry in the United States. This administration works in conjunction with the Occupational Safety and Health Administration to provide longshoremen and others in the marine cargo handling industry with information, counsel, access to health, and safety training resources.
The U.S. Department of Labor also created the Longshore and Harbor Workers' Compensation Act (LHWCA) to provide employment-injury and occupational-disease protection to those who work as longshoremen on the navigable waters of the United States. This act provides for compensation and medical care, and may also provide benefits to the survivors if a longshoreman's injury results in death. To find out if you or your loved one will qualify for coverage under the LHWCA or other maritime law, consult our firm.
Receiving Disability for Breathing Problems Developed in a Shipyard
Under the Longshore and Harbor Workers' Compensation Act, you may be entitled to benefits for a work-related injury or disease, including asbestos-related lung diseases such as mesothelioma. Your employer's duty to provide disability compensation arises out of the employment relationship itself, so there is no need to show that the employer was at fault for exposing you to whatever caused your disability. Just because you did not work on a commercial vessel enough to be classified as a seaman, there are provisions for you other than under the Jones Act.
If it can be proved that your illness was developed as a direct result of your service to your employer and can be linked to the workplace, then you are entitled to benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA).
Shipyards are known for carrying hazardous chemicals that, if ingested over long periods of time, can cause breathing deficiencies that require medical treatment. The severity of your breathing problem will depend on the amount of hazardous chemicals and substances in your shipyard as well as the amount of time you spent with them. As a shipyard worker, you are entitled to benefits under maritime law even though your work was not directly on a vessel. If you have developed a breathing problem, it would be best to contact your doctor immediately to ascertain the extent of your illness so that adequate treatment can be applied. Your illness may be mild, but it could also be severe.
Your employer is obligated to pay your medical bills if your illness can be connected to your work at your shipyard workplace. Ask your employer if you are unsure whether you can be covered.
Longshoreman Rights FAQ
Why is longshore work so dangerous? Do I have rights even though it’s an inherently dangerous job?
Working as a longshoreman can be dangerous if equipment malfunctions, safety regulations are overlooked, or if any person involved in the work is inexperienced or careless. This is strategic and physical work that involves high-traffic areas and heavy machinery. Even though working as a longshoreman may have inherent risks, you still have rights. These rights are even more important because of the nature of your work.
As a longshoreman:
- You have the right to benefits for medical care and lost earnings without having to prove negligence or fault.
- You have the right to report a work injury and seek benefits without facing punishment from your employer.
- You have the right to file a lawsuit if a third party was responsible for your longshore accident, to seek additional damages for pain and suffering, loss of enjoyment of life, and more.
Make sure your rights are protected to the fullest.
What are some of the types of longshore injuries?
Longshoremen are at risk of catastrophic injury when equipment malfunctions or their employers are negligent. This may include brain and spinal cord injuries, loss of limb, broken bones, internal organ damage, severe burns, crush injuries, and near-drowning. Some of these injuries leave lasting physical and emotional scars. Some claim longshoremen’s lives. At Arnold & Itkin, we’re passionate about setting things right for injured longshoremen and their families. We assert our clients’ rights to the fullest extent of the law.
Do I have the right to compensation if I was injured as a longshoreman?
If you were injured while working as a longshoreman, you may be entitled to compensation in various ways. You may be able to file a claim under the Longshore and Harbor Workers’ Compensation Act, which provides benefits regardless of who was at fault in the accident. Maritime and personal injury laws may also apply to your case, which would help you pursue financial compensation for economic and non-economic damages for longshore injuries caused by negligence, intentional misconduct, or defective products/equipment. The right approach will maximize your recovery and help you begin to rebuild your life.
Texas Longshoreman Rights Attorney for LHWCA Claims
The experienced lawyers at Arnold & Itkin LLP will take the necessary steps to protect your legal rights, beginning with a free consultation. After we thoroughly understand the circumstances that led to your injury, we will use our experience with LHWCA claims and other maritime laws to help you recover compensation for your injuries. We understand the physical and emotional trauma that is associated with offshore injuries, and we are committed to helping you recover to the fullest extent. The LHWCA does not require that a worker's employer be found at fault for the worker's injury. We have helped countless injured longshoremen recover medical and disability payments, wrongful death benefits for survivors of maritime workers, vocational rehabilitation compensation, and more. We genuinely care about the future of our clients, and we dedicated personalized attention to every case. Contact our firm immediately after your injuries so that you can file your claim before it is too late. Under the LHWCA, an injured employee only has 30 days after the injury or illness occurred to notify his or her employer.
We can provide you with this necessary information and much more, and we will stick by your side every step of the way until you receive the compensation you deserve. Call (888) 493-1629 today to learn more.