The federal Longshore and Harbors Workers’ Compensation is a body of law that covers men and women that are doing work on the docks or around the waterfront. There is a further categorization of an individual who works on a vessel or performs on navigable waters, which would be a Jones Act seaman. As the work moves on land, many times, the case would fall under a Longshore and Harbors Workers’ Compensation Act claim.
To determine the specific elements involved in your Charleston Longshore and Harbor Workers’ accident, it is important to consult with an experienced lawyer immediately.
Classifying the Accident
Whether an individual falls under the Jones Act or the Longshore Harbor Workers’ Act depends on what is called a “sidus” and “status” of the person doing the work. Under the Longshore and Harbor Workers’ Compensation Act, longshoreman are under that act, but it also applies to other men and women that would be working on the docks. These may include crane operators or crane repairman, and any other people who do work that detail the loading and unloading the vessels.
When looking at the sidus and the status, the case will depend on what the individual’s job title is, how close they are to the water, and if they are working on the dock to determine whether or not they fall under the act. There are many arguments that can be made for many of the jobs, which is why an individual should seek the assistance of an experienced lawyer.
An attorney can gather the elements of an individual’s Charleston Longshore and Harbor Workers’ accident case and determine which of these areas of law they fall under. This way, a lawyer can maximize the benefits available to them as a result of the accident.
Defining a Longshoreman
Longshoreman are defined as the men and women that assist with the loading and unloading of vessels in both the United States and around the world. For the purposes of the law that applies, longshoreman refers to workers in the United States who work at United States’ ports. Typically, they are in the Union.
When an individual is injured on the job, it is supposed to be a no-fault system. This means that whether or not the injured worker caused the accident, the employer caused the accident, or somebody in between, the individual is covered.
However, there is a cap on damages and a maximum compensation rate that could be paid no matter how much the injured was earning at the time of the accident. There is a maximum amount of weeks that would be paid out for an injury to body parts like the arms or legs.
It is a workers’ compensation system for those that were on the docks or near the docks. Many times, and in most cases, it runs concurrently with a South Carolina state workers’ compensation. That can also provide further benefits for the injured worker. To best understand the elements associated with a Longshore and Harbor Workers’ Accident case, an individual should not hesitate before consulting with an attorney.