Rapid Resolution for Maximum Compensation
The Longshore and Harbor Workers’ Compensation Act allows claims up to one year after the injury occurred. Miss that deadline, and you are limiting your ability to collect the money you deserve. However, some onshore workers may be covered by the Jones Act rather than or in addition to the Longshore Act. Some onshore maritime workers may qualify for state workers’ compensation benefits. The Boston maritime attorneys at Latti & Anderson LLP can work quickly on your behalf, promptly filing your claim so you do not miss out, or we can make sure the Longshore Act is the best avenue for you – you may have a better claim under the Jones Act or under state workers’ compensation laws.
Do You Have a Third Party Case?
If you get hurt at work as the result of the negligence or someone who is not a co-employee and you are entitled to workers’ compensation benefits under the Longshore Act or a state workers’ compensation, you may have the right to bring a “third party” case against that person or that person’s employer. A person who is entitled to workers’ compensation benefits may not file a lawsuit against his employer or his co-workers, but, if someone or some entity that is not a co-worker or employer negligently causes your injury, you may have the right to file a lawsuit against him or his employer.
For example, if you are a longshoreman loading a container onto a truck or chassis, and a truck driver from another company runs into you and injures you, you would be entitled to workers’ compensation benefits under the Longshore Act. However, you would also be entitled to bring a “third party” case against that truck driver and his employer for damages including lost earnings, medical bills, and pain and suffering.
If you are a longshoreman who is injured at work and think that you might have a “third party” case, you must act quickly. A longshoreman only has a short period of time, as little as six months, to ensure that he has exclusive control over his right to bring a “third party” lawsuit. If you do not take action within this time period, your employer’s workers’ compensation insurance company could actually file the “third party” lawsuit on your behalf and could decide how much money to settle the lawsuit for.
Maritime Experience Essential in Addressing Shipyard Accidents
If you are injured in a dockside or shipyard accident, you need an experienced attorney who can examine your situation and apply the correct law to ensure that you receive maximum compensation. The maritime and Jones Act attorneys at Latti & Anderson LLP have 45 years of experience in successfully securing compensation for onshore maritime workers under the Longshore and Harbor Workers’ Compensation Act. We know the intricacies of maritime law as it applies to dockside workers, and we have the settlements, trials and results to prove it.
If you sustained injuries in a shipyard accident while working at a dry dock, suffered a crane accident while unloading a container ship or were hurt while employed in the shipbuilding industry, you may qualify for compensation under the Longshore and Harbor Workers’ Compensation Act. Contact our Boston maritime lawyers to learn about your rights under the law. We serve clients nationwide.