Damages Recoverable Under the Charleston Longshore and Harbor Workers’ Compensation Act

There are a varying degree of damages that an individual may be entitled to under the Charleston Longshore and Harbor Workers’ Compensation Act.

To best understand how these damages may play a role in your workers’ compensation claim, it is important to consult with an experienced attorney immediately. A knowledgeable lawyer that handles Charleston Longshore and Harbor Workers’ Compensation accidents can gather the available evidence and build a claim to help recover successfully on your behalf.

Recoverable Damages

The damages that are recoverable under the Longshore and Harbor Workers’ Compensation Act include temporary total disability, which are the benefits given when someone is injured and temporarily cannot return to their job at all.

In those bad instances, the injured worker would be entitled to two-thirds of what they were earning at the time of their work accident subject to a maximum compensation rate for the year in which they were injured.

They are entitled to those benefits until the doctor releases them either to return to work full duty or to return to work light duty. In these instances, the employer or some other job should offer reasonable accommodations when they return to work.

Partial Disability Benefit

The second thing that an individual would be entitled to would be a temporary partial disability benefit. In this situation, an injured worker is able to return to work but they either work fewer hours, under the lesser wage, or a combination of the two.

Damages to be recovered are medical benefits both past and future.

Permanent Total Disability

Any kind of permanent disability that the individual has, whether it be permanent and total wage lost, permanent partial wage, or some type of recovery for a scheduled member or injured party, then a permanent total disability means wages are lost. and this occurs when the injured worker is not able to return to their work on the docks but also cannot return to any work at all and they would be entitled to lifetime benefits or their wage

This occurs when the injured worker is not able to return to their work on the docks but also cannot return to any work at all. They would then be entitled to lifetime benefits, or their wage lost is subject to the maximum compensation. Recoverable damages such as these are standard under the Charleston Longshore and Harbor Workers’ Compensation Act.

Permanent Partial Wage Loss

The same thing would be true with permanent partial wage loss, which would be an event where the individual may be able to return to work but they are not able to earn the same amount of money they were earning prior to the work accident.

In this case, they will be entitled to two-thirds of the difference between their pre-accident wage and their post-accident wage that will continue throughout their career until they stop working. There is also the scheduled member injury which says that the impairment could be on various body parts that are on the schedules under the law, and the injured worker can make the recovery based on that percentage of impairment they received to their body part or body parts as a result of the work accident.

Choosing a Doctor

The injured worker, under the Longshore Act, much like the Jones Act, is allowed to choose their own doctor. The insurance company will often try to push the injured worker into picking or going with the doctor that they choose, but they do not have to do that.

The individual is allowed to choose their own doctor. The medical treatment is another benefit for both past and future medical treatment, and they are entitled to lifetime medical treatment under the Longshore Act.

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