Longshoreman, Harbor & Dock Worker Death Claim
The Longshore and Harbor Worker’s Compensation Act (“LHWCA”) applies to those maritime workers who are not seamen. Typically land based cargo handlers, crane operators, shoreside vessel workers and shipyard welders are considered longshoreman or harbor workers for purposes of coverage under the Act. Having previously represented stevedores, ship repair facilities and marine insurance companies for 19 years, the board certified maritime attorneys at the law firm of Brais, Brais & Rusak are in a unique position to help the families of longshoremen, harbor & dock workers who due to an accident have suffered the loss of a loved one. The lawyers at the law firm of Brais, Brais & Rusak with offices in Miami, Florida, Boston, Massachusetts and Houston, Texas are here to help the families of longshoremen, harbor & dock workers as a result of a shipboard or pier side accident causing death.
Beneficiaries of a LHWCA covered employee who is fatally injured in the course of his/her employment are entitled to a statutory death benefit based upon a percentage of the decedent’s wages including reasonable funeral expenses. The estate of a LHWCA covered worker may also possess a statutory cause of action for negligence against the “vessel” for wrongful death. Regarding non-vessel parties responsible for a wrongful death, the estate of the LHWCA worker may bring a claim under general maritime law if the incident occurred within state waters or under DOHSA for accidents beyond 3 nautical miles. If the worker’s death occurred outside the admiralty jurisdiction of a Court, the estate must seek recovery under state wrongful death and survival causes of actions.
The attorneys at the law firm of Brais, Brais & Rusak have the experience to protect your rights, the compassion to serve your needs, and the skill to obtain the compensation you deserve. To reach our lawyers you may click email the firm, call 1-800-499-0551 from within the U.S., Skype BraisLaw worldwide or click Contact Us to select and complete a form for a free evaluation of your case.
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