Longshore and Harbor Workers’ Compensation Act
Longshore and Harbor Workers' Compensation Act is designed to provide lost wage compensation as well as medical benefits to employees who suffered injuries while performing work either on navigable waters or surrounding areas, including but not limited to piers, terminals, docks and boat yards. This includes but is not limited to ship loaders, repairmen, longshoremen/women, stevedores, checkers, port workers and ship builders.
If you have been injured while performing work at a Florida Port, including but not limited to Port Canaveral (www.portcanaveral.com), Tampa Port (www.tampaport.com), Jacksonville Port (www.jaxport.com), Panama City Port (www.portpanamacityusa.com), West Palm Beach (www.portofpalmbeach.com), contact our office to ensure you receive the benefits you are entitled to by the Act.
1. Wage Compensation:
a. Temporary Total Disability (TTD)
Under the Act, qualifying injured workers may be entitled to receive temporary total disability benefits if his or her injury prevents him or her from performing their regular job duties for a certain period of time. If he or she qualifies, the insurance carrier will pay him or her two thirds of his or her average weekly wages for the year before their accident, subject to minimum or maximum compensation rates. These rates are set yearly on or about October 1st.
b. Temporary Partial Disability (TPD)
Similarly, qualifying injured workers may be entitled to receive temporary partial disability benefits if their injury renders him/ her partially disabled to perform his/her regular duties for a certain period of time. Even if he/she returns to work on a part-time basis or earning lesser wages, he/she may still be entitled to receive weekly benefits equal to two thirds of the difference between the average weekly wage and the current earnings.
c. Permanent Total Disability (PTD)
If an injured worker is unable to perform any type of work as a result of his/her injury, he/she may be considered permanently and totally disabled. PTD entitles an injured worker to receive benefits including a cost of living adjustment up to 5% per year.
d. Permanent Partial Disability (PPD)
A partially disabled worker is one whose injury will prevent them, at least in part, from doing any kind of work for the indefinite future. Depending on the type of disability, a qualifying employee may be entitled to benefits based on a scheduled award or a loss of earning capacity. A scheduled award is based on the permanent loss or loss of use of parts of the body enumerated in the Act, disfigurement of head, neck, face or loss of bodily functions such as vision and hearing.
Scheduled Award Chart:
Weeks of compensation
Hearing Loss of One Ear
Hearing Loss of Both Ears
2. Medical benefits:
Under the Act, qualifying injured workers are entitled to medical treatment that is deemed medically reasonable and necessary and related to the injury along with supplies and travel costs for said services. Injured workers have the right to treat with a doctor of his or her choice.
If you’ve been injured and need to make a LHWCA claim, complete our on-line contact form, or call one of our Miami longshore worker injury attorneys today at 877-448-8585 or 305-448-8585 for a free, no obligation evaluation of your claim.