Dockworkers and Longshoreman do, in fact, have a specific law which is targeted at protecting them financially in the event that they are injured while on the job. There are a number of laws like this that are profession specific. These laws usually relate to those jobs that are more dangerous or more likely to result in the injury of a worker in order to ensure that people still feel protected enough to fulfill those essential services. In the case of dockworkers and longshoremen, it is the Longshoreman and Harbor Workers Compensation act. Usually you will just see this listed as the LHWCA.
This act provides medical benefits as well as covering the cost of rehabilitation for any injury sustained by these workers by on the job. In fact, this act also provides benefits for diseases that they may contract from their work, or that may be made worse by the conditions in which they work. They also will receive compensation for lost wages so that they can continue to support themselves in a proper lifestyle; meeting a basic standard of living. When this law was originally created, it only covered workers who weren't already covered by a workers’ compensation law in their state. However, it has now been changed to cover all workers who specifically fall under its guidelines.
It is important to understand who is covered under the LHWCA in order to realize who can receive these types of benefits and who would be required to file a more traditional workers’ compensation claim in the event of an injury while at work. Longshoreman, dock workers, harbor workers, anyone directly working on building or repairing ships, and ship breakers are all considered covered under this law. However, those who might work for a harbor in an office situation as an example, are not covered, and would have to file a different type of claim if injured on the job.
Showing posts with label LHWCA. Show all posts
Showing posts with label LHWCA. Show all posts
Wednesday, July 22, 2009
Saturday, July 4, 2009
How Many Times Has the Jones Act Been Amended Since Its Creation?
Since the inception of the Jones Act in 1920 there has been a need for this federal law to be clarified more specifically. This act does set guidelines for maritime law; however, since the recent advancements in modern day life, there has been a need to reform this law time and time again.
After this bill was passed there was much controversy over how to define seamen and who would be protected by its statutes. In 1927 Congress tried to clear this controversy up through the passage of the Longshoremen's and Harbor Workers Compensation Act (LHWCA). This amendment still left dozens of unanswered questions. However, it did work to realize sailors were no longer the primary loaders and un-loaders of ships and that dockworkers had taken over this responsibility. Although this extension now excluded any crew members of vessels so there was still much to decide after this amendment.
This debate would always resurface and lawsuits would arise such as the South Chicago Coal & Dock Co. v. Bassett case which led to Congress passing the declaration of a seaman not being defined if their duties did not pertain to the ships navigation. This amendment only left more confusion and was begging for another reform.
A court case in 1955, Gianfala v. Texas Co, saw the Supreme Court state the definition of a seaman would be determined by the jury. The specification of a “seaman” came to include laborers on floating oil drilling platforms and dredges. There was still too much grey area in a very serious matter that was growing with each passing year and the result was an eruption of Jones Act litigation. This also led to nearly 100,000 Jones Act lawsuits in a ten year period between 1975 and 1985.
In 1995 the Supreme Court would finally make a better conclusion as to the defining of a modern seaman. But, after a long bout of people demanding a reform for the maritime law, this amendment was still was not enough.
There has been much debate over this matter and until the Supreme Court can clearly define what makes a sailor a sailor there will be controversy surrounding this maritime law.
After this bill was passed there was much controversy over how to define seamen and who would be protected by its statutes. In 1927 Congress tried to clear this controversy up through the passage of the Longshoremen's and Harbor Workers Compensation Act (LHWCA). This amendment still left dozens of unanswered questions. However, it did work to realize sailors were no longer the primary loaders and un-loaders of ships and that dockworkers had taken over this responsibility. Although this extension now excluded any crew members of vessels so there was still much to decide after this amendment.
This debate would always resurface and lawsuits would arise such as the South Chicago Coal & Dock Co. v. Bassett case which led to Congress passing the declaration of a seaman not being defined if their duties did not pertain to the ships navigation. This amendment only left more confusion and was begging for another reform.
A court case in 1955, Gianfala v. Texas Co, saw the Supreme Court state the definition of a seaman would be determined by the jury. The specification of a “seaman” came to include laborers on floating oil drilling platforms and dredges. There was still too much grey area in a very serious matter that was growing with each passing year and the result was an eruption of Jones Act litigation. This also led to nearly 100,000 Jones Act lawsuits in a ten year period between 1975 and 1985.
In 1995 the Supreme Court would finally make a better conclusion as to the defining of a modern seaman. But, after a long bout of people demanding a reform for the maritime law, this amendment was still was not enough.
There has been much debate over this matter and until the Supreme Court can clearly define what makes a sailor a sailor there will be controversy surrounding this maritime law.
Thursday, July 2, 2009
What Are Considered Reasonable Requests Under the Jones Act?
When you are employed as a seaman, you are protected in the event of an injury under federal law ruling and the Jones Act. The right for a seaman that is injured during a period of employment is called “maintenance and cure”. This basically defines medical benefits – known as cure – and living expenses – known as maintenance.
Being a seaman, the medical benefits you are entitled to cover hospitalization, physical therapy, doctors visits (or medical care), medication, and the facilitation of medical equipment. If you are a seaman and are in need of any of these instances due to your employment as a seaman, your employer is required to cover these payments – end of story.
If unable to work as a result of an injury or work related health endangerment, a seaman is also entitled to payments for everyday living expenses which include:
- Grocery Bills
- Utility Bills
- Cosmetic and Toiletry Expenses
- Any Other Reasonable Expenses
The only reason any of this is possible is due, in part, to the Longshoremen’s and Harbor Workers’ Compensation Act of 1927. This recognized that people were in need of a federal law to ensure seamen were protected in the same way as everyone else. This was even more important because there are countless things that could go wrong while out at sea thus making employment at sea extremely dangerous even under the safest conditions.
Sadly, not every employer is going to adhere to the guidelines and practices of the Jones Act. Due to there being so many uncovered issues with the maritime law, employers have the power to find loopholes in the act and the amendments. When dealing with any maritime law, especially in affiliation with the Jones Act, you will always want to receive consultation and be represented by a maritime law professional. An employer of seamen is required to support the legality of the Jones Act and, without proper representation; the employer could very well try to cheat you out of these compensations.
Being a seaman, the medical benefits you are entitled to cover hospitalization, physical therapy, doctors visits (or medical care), medication, and the facilitation of medical equipment. If you are a seaman and are in need of any of these instances due to your employment as a seaman, your employer is required to cover these payments – end of story.
If unable to work as a result of an injury or work related health endangerment, a seaman is also entitled to payments for everyday living expenses which include:
- Grocery Bills
- Utility Bills
- Cosmetic and Toiletry Expenses
- Any Other Reasonable Expenses
The only reason any of this is possible is due, in part, to the Longshoremen’s and Harbor Workers’ Compensation Act of 1927. This recognized that people were in need of a federal law to ensure seamen were protected in the same way as everyone else. This was even more important because there are countless things that could go wrong while out at sea thus making employment at sea extremely dangerous even under the safest conditions.
Sadly, not every employer is going to adhere to the guidelines and practices of the Jones Act. Due to there being so many uncovered issues with the maritime law, employers have the power to find loopholes in the act and the amendments. When dealing with any maritime law, especially in affiliation with the Jones Act, you will always want to receive consultation and be represented by a maritime law professional. An employer of seamen is required to support the legality of the Jones Act and, without proper representation; the employer could very well try to cheat you out of these compensations.
Sunday, June 7, 2009
What Types of Monetary Compensation Would My Family and I Be Able to Request if I was Injured While Performing My Duties at Sea?
The Longshoremen’s and Harbors’ Workers Compensation Act (LHWCA) provides adequate compensation for seaman who are injured in their line of work. This coverage provides payments for medical treatment, travel costs related to medical treatment, and services or supplies which are needed to help the recovery or treatment process. There is, of course, a lot of legality that comes into play and seeking the help of a professional maritime lawyer will always be a good first step to take.
The definition of disability in a longshoreman clause simply means the inability to perform work and receive pre-injury wages. This covers any form of disability which will entitle you to receive a weekly compensation every two weeks and will be based from a percentage of your biweekly income before you were injured. In 2006, it was estimated that the minimum compensation was $278.61 while the maximum was $1114.44.
The compensation for complete or short term disability is calculated at 2/3s the workers weekly average income. This average is determined by combining the previous 52 weeks of income. This, of course, could mean that your average might be considerably less if you suffered any periods of unemployment.
Temporary partial disability is compensated at 2/3s the weekly income loss and is based on the loss of earning potential. Permanent partial disability compensation is intended to cover the injured employee for the loss of a body part or function. This form of compensation is based on the payout schedule that is specified in the Longshoreman Act. Basically this schedule appoints a specified timeline as to how long the injured employee may receive compensation.
The LHWCA has worked to get people the coverage they need when working at sea. There are still a lot of uncovered issues surrounding these matters and you will need to speak with a maritime law professional to get the most compensation for your injury.
The definition of disability in a longshoreman clause simply means the inability to perform work and receive pre-injury wages. This covers any form of disability which will entitle you to receive a weekly compensation every two weeks and will be based from a percentage of your biweekly income before you were injured. In 2006, it was estimated that the minimum compensation was $278.61 while the maximum was $1114.44.
The compensation for complete or short term disability is calculated at 2/3s the workers weekly average income. This average is determined by combining the previous 52 weeks of income. This, of course, could mean that your average might be considerably less if you suffered any periods of unemployment.
Temporary partial disability is compensated at 2/3s the weekly income loss and is based on the loss of earning potential. Permanent partial disability compensation is intended to cover the injured employee for the loss of a body part or function. This form of compensation is based on the payout schedule that is specified in the Longshoreman Act. Basically this schedule appoints a specified timeline as to how long the injured employee may receive compensation.
The LHWCA has worked to get people the coverage they need when working at sea. There are still a lot of uncovered issues surrounding these matters and you will need to speak with a maritime law professional to get the most compensation for your injury.
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