If you have been injured on the job and are looking to learn more about your ability to file a longshore and harbor workers’ compensation claim in Charleston, reach out to an experienced Charleston workplace accident attorney today to find out what options could be available to you. Read on to learn about requirements for longshore and harbor workers’ compensation claim eligibility, as well as the ways a skilled Charleston workers’ compensation lawyer can make a difference in your case.
Employees Who Require Coverage Under the Federal Longshore and Harbor Workers’ Compensation Act
When considering who is covered by the Federal Longshore and Harbor Workers’ Compensation Act, many may think of longshoremen and harbor workers because they are specifically named in the act itself, but the type of worker that is covered is much broader than that. Employees covered by this act include anyone who is working near the water, whether they are working on a bridge, a dock, or cranes repairing those structures. It all boils down to employment associated with the waterfront. The proximity of the work being done at the waterfront will determine if somebody is covered by the act, but the best thing anybody can do when they are injured is to seek professional advice from an experienced Longshore and Harbor Workers’ Compensation attorney.
They can help make the determination of whether or not a worker needs a status test, because while the injured individual may also qualify for a state workers’ compensation claim, if at all possible, it is nice to have what is called concurrent jurisdiction where an injured worker has the opportunity to have both the Longshore and Harbor Workers’ Compensation Act and the state workers’ compensation act. While they cannot make a double recovery, they are often able to pick the best aspects of either act to try to get the best recovery possible from both medically and in terms of money damages.
Who Alerts Individuals of Their Ability to File for Worker’s Compensation?
Under Federal and state law, employers are required to post posters in the work area that does tell some of the basic rights of longshore and harbor workers’ compensation eligibility. Not all employers follow the law and place those posters at the workplace where they are supposed to, and on some occasions individuals will find upper management discouraging the reporting of the accident because there may be some type of bonus that gets paid out to the workforce at the job site if there are not any reportable accidents. These bonuses can place a lot of pressure on coworkers and management to refrain from reporting one of those injuries, meaning the injured worker may not receive help or direction from management on filing a claim.
Common Mistakes Made When Filing a Claim
When filing a claim, any and all statements that are made need to truthfully explain what has been injured and how. An injured worker may focus on their most injured body part, for example, even if other areas were also damaged. This is a common mistake to avoid that can cause problems whenever the individual is claiming those additional body parts, and may even lead to a denial of those body parts or the entire case because the defense could assert that they were not truthful in their filings. Everything needs to be written down thoroughly and truthfully in order to receive longshore and harbor workers’ compensation claim eligibility.
How to Know When an Employee Has a Federal Longshore and Harbor Workers’ Compensation Case
The best way for the employee to know if they have a Federal Longshore and Harbor Workers’ Compensation case once they are injured is to call an experienced Longshore and Harbor Workers’ Compensation attorney. They can help the injured worker assess whether or not they fall under the Longshore and Harbor Workers’ Compensation Act, the State Worker’s Compensation Act, and to look for any other possible avenues of recovery from a third party that may have caused the accident. If you have been injured in a workplace accident, reach out to a professional attorney today to learn about your potential ability to file a Charleston longshore and harbor workers’ compensation claim.