Mount Pleasant Longshore and Harbor Workers’ Compensation Act Lawyer

Shipping and oceangoing commerce have long been an integral part of life in South Carolina as well as a critical driver of regional prosperity. However, the grueling demands faced by laborers in this realm can and often do result in debilitating injuries and sometimes worse.

Fortunately, a framework designed to provide for those who experience such harm does exist, and a Mount Pleasant longshore harbor and workers’ compensation act lawyer can help victims obtain the resources so essential to their recovery. Speaking with an experienced personal injury attorney can provide peace of mind and clarity regarding your future. En Español.

Federal Longshore & Harbor Workers’ Compensation Act

As provided by 33 USC §901 et seq., the federal statute is known as the Longshore & Harbor Workers’ Compensation Act (LHWCA) provides a structure intended to compensate offshore workers injured, disabled, or sickened during the course of their job duties on navigable waters throughout the United States.

Eligible Laborers

Eligible laborers include those employed on a dry dock, marine railway, pier, wharf, or other area engaged in the repair, building, loading or unloading of seafaring vessels. The Act does not cover clerical or similar employees at such facilities, however, nor does it apply to those who repair or build recreational boats smaller than 65 feet in length. Common job descriptions of covered employees include:

  • Dock workers
  • Repair personnel
  • Winch operators
  • Warehouse staff
  • Shipbuilders
  • Pile drivers
  • Those constructing sewer outfalls, piers, and wharves
  • Those working in facilities aiding commerce and navigation

Eligible LHWCA Injuries

It should be noted that compensation under the LHWCA can be obtained only when the injury at issue occurred near, on or adjacent to a body of navigable water. This could encompass tasks undertaken on wharves, piers or in shipping terminals, even if the job was performed in a location several hundred yards removed from the water itself.

Typical scenarios prompting an employee claim under the LHWCA could include:

  • Accidental injury
  • Injuries stemming from willful actions of a third-party against a covered employee
  • Aggravation of pre-existing injuries or illnesses
  • Harm resulting from unsafe conditions on the job
  • Infection and disease arising from onsite conditions

Any type of disability, injury or illness that develops during the course of this type of work or that is related to assigned tasks can give rise to a presumption that the harm was in fact caused by the claimant’s employment.

Pursuing a Claim

Anyone considering filing a claim under the FHWCA needs to understand that there is a series of procedural requirements which must be strictly heeded in order to obtain compensation. Affected employees or their dependents have an obligation to provide written notice to the employer as well as the U.S. Department of Labor no later than 30 days after the injury or fatal event, or within 30 days of awareness of the connection between the harm and the claimant’s employment status.

In cases involving diseases allegedly caused by virtue of employment, the notice period may be extended for up to a year. Further, lack of written notice provided by the injured party will not prevent a claim from succeeding, provided the employer or its insurer can be shown to have had knowledge of the events in question.

It may also be possible for the notice requirement to be excused if it is demonstrated that the employer did not suffer any undue prejudice. In all cases, however, the assistance of a Mount Pleasant federal longshore harbor and workers’ compensation act lawyer can prove invaluable when it comes to untangling relevant rules and regulations.

Navigating the Complex Realm of Harbor Worker Injury Law

Benefit programs for those harmed while employed along South Carolina’s navigable waters represent an area of the law with which many attorneys are simply unfamiliar.

If you have been injured or suffered serious losses while engaged in work of this nature. A Mount Pleasant longshore and harbor workers’ compensation act lawyer can provide you insights on how to proceed with your claim.

cta

Free Consultation

(987) 654-3210

The contents of this Web site are for informational purposes regarding legal issues in South Carolina and are not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this site or any sites linked hereto is not intended to create, and receipt does not constitute an attorney-client relationship. Our attorneys practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any jurisdiction where this site does not comply with applicable laws and bar rules. The lawyers of the law firm of Christmas Law Firm are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.

Attorneys principally practice in Mt. Pleasant office, but we will meet you at the time and office most convenient to you. We will also come to your hospital room or home upon request.

The information given above are examples of actual cases with actual clients our law firm has handled in the past. The reviews listed on our website are endorsements and/or testimonials from actual clients. Any results our law firm may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.