Dock Worker Injuries

The Longshore and Harbor Workers’ Compensation Act (LHWCA) May Apply to Your Injury

The LHWCA is a federal law that was established to provide coverage for designated maritime workers who are injured on the job. Unless a covered employee caused their injury through an attempt to do intentional harm upon themselves or others or due to intoxication, then they will generally be covered under the LHWCA. This is true even if the employee caused the accident or incident that led to their injuries within the scope of their employment. Compensation for work-related injuries is meant to be guaranteed to employees except for very limited circumstances. This guarantee comes with a trade-off, in that the employee is then not able to also sue their employer for the injuries that are covered under the LHWCA. When a third party was the cause of or contributor to your injuries, however, you may be able to pursue additional damages through a lawsuit against that third party. Determining what options are best given the unique circumstances of your injury can be difficult, but a dock accident attorney can help.

To Receive Compensation, You Must File A Claim

In an ideal world, you would receive complete compensation for your injuries automatically without having to make any extra efforts on your own behalf while trying to recover from your injuries. Unfortunately, this is not the case, and to collect you’ll have to file, have your application accepted, and be presented with an offer of settlement that fully covers your costs. The claims process for your dock accident injury includes: 

• Notifying your employer in the time specified in your employment agreement 
• Gathering evidence to prove the extent of your injuries and the cause/s behind them 
• Calculating the full amount that your injuries will cost, both now and in the future 
• Drafting your claim by incorporating the evidence and calculations 
• Filing your claim with the appropriate insurance company 
• Communicating with the insurance company to provide essential information 
• Negotiating a settlement on your behalf with the insurance company 
• Appealing a denial, or 
• Taking the insurance company to court

The fewer claims that are paid in full and the more claims that are denied, the better the profit margins of the insurance company are. To them, you are just a number, but to the experienced dock accident lawyers at Brais Law Firm, you are a person who deserves to receive the full compensation for your maritime claim that you are owed. 

Who Will be Handling my Case?

Your case will be handled by an experienced personal injury attorney who knows what it takes to get the results you deserve. The practitioners at our firm have over 70 years of collective trial experience. Our credentials and qualifications are extensive, including an “AV” Preeminent rating by Martindale-Hubbell and membership in the Multi-Million Dollar Advocates Forum. More importantly, we have a first-hand understanding of how insurance carriers operate because we represented clients insured with major insurance companies for nearly 20 years before we made a choice to change sides so that we could help the people who need us most – individuals just like you. Learn more.

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