These claims often involve injuries to workers performing marine/maritime employment including longshoring operations where a longshoreman may be engaged in loading or unloading boats and ships. It may also involve persons who are engaged to repair, build or even disassemble ships.
Filing a claim
If you are an injured longshore worker, you should notify your employer immediately and obtain the necessary medical treatment for your longshore injuries. You should file a Form LS 201 and provide it to your employer to notify them of your injury claim. Because the laws in this area are complex, you should contact Welch, Bruun & Green for assistance and representation or for any of your longshore questions.
If your longshore claim is challenged by your employer or their insurance carrier, a “controversion” notice is issued in writing and mailed to you. This is a denial of your claim and longshore benefits. If you receive a controversion notice, you need to contact Welch, Bruun & Green immediately as there are deadlines for appealing your denial. If an appeal is not filed before your deadline expires, you may lose all rights to benefits under the Longshore and Harbor Workers’ Act.
Acceptance of Claim
Two important benefits to injured longshore workers are medical services and lost wage replacement.
Oftentimes, even in an accepted longshore claim, issues arise with respect to medical services and whether the longshore insurance company will pay for the medical treatment your doctor prescribes. Because the laws that apply to medical benefits are complex and insurance companies are not always willing to pay for the treatment that you need, you should contact Welch, Bruun & Green for assistance and representation.
Even though your longshore claim may be accepted, the amount you receive for your lost wages varies depending upon how long you have worked for your employer, your rate of pay and other factors. Because lost wages are frequently in dispute or require review by an attorney, you should contact Welch, Bruun & Green for assistance and representation. Call us at 503-221-0870 or email us.
Permanent Partial Disability/Total disability: Unfortunately, injured longshore workers do not always fully heal and return back to their pre-injury condition. In those cases, a form of compensation is due to an injured longshore worker for Permanent Partial Disability. If the injury is severe, it may result in Total Disability or even possibly death. The rules for calculating the amount of compensation for longshore injuries and Permanent Partial/Total Disability or Death benefits are complex. To make certain that you receive the correct compensation, call Welch, Bruun & Green for assistance and representation.
In longshore claims, the injured worker does not have to pay an attorney for legal representation on an hourly basis. Instead, under the Longshore and Harbor Workers’ Act, attorneys are usually paid by the insurance company if a settlement occurs or if there is an agreement or court order authorizing an attorney fee.
Longshore and Harbor Workers’ Claims are complicated, extremely time consuming and last for a very long time, sometimes, even for several years. The longshore insurance company has representatives and attorneys working to minimize the amount of benefits that an injured longshore worker receives. Call Welch, Bruun & Green for a free consultation.
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