Washington Longshoreman and Harbor Workers' Compensation Act Claims

When workers are injured, they often turn to the protections and remedies provided by their jurisdiction's workers' compensation laws. These laws provide for the receipt of benefits that include medical care, vocational training if necessary and weekly payments from the state that are designed to help meet the bottom line.

When a work injury occurs at sea, there is often no state law that governs. Therefore, the Longshoreman and Harbor Workers' Compensation Act (LHWCA) is an option for those who need help getting by for a time. Below you'll find information regarding who is covered by the statute, the compensation that can be obtained, the benefits available, death benefits information and how you should proceed if you've been injured while working at sea.

Washington Longshoreman and Harbor Workers' Compensation Act - Who is Covered

The statute covers specific types of workers who are covered and eligible for benefits should they be injured while working. These positions include:
  • Longshoremen
  • Harbor workers
  • Stevedoring
  • Those who load and unload vessels or products transported by vessels
  • Ship repair workers
  • Ship construction workers
  • General maritime construction workers
The statute also lays out specific positions which are excluded, and therefore not entitled to the benefits of the LHWCA, and they include:
  • The crew master of a vessel
  • Workers who load or unload or repair vessels weighing less than 18 tons
  • U.S. government employees
  • Clerical, secretarial, security and data processing staff
  • Marina employees not engaged in construction or expansion of the marina

Compensation for Longshoreman Injuries and Harbor Injuries

The amount of compensation due to an injured worker is calculated much like any state workers' compensation award. A worker is classified in one of four ways, including:
  • Permanent total disability
  • Temporary total disability
  • Permanent partial disability
  • Temporary partial disability
Those who are classified as totally disabled, permanently or temporarily, are paid 2/3 of their weekly salary average. Those who are temporarily partially disabled are paid 2/3 of their weekly wage loss. Those permanently partially disabled are paid based on parts of the body they lost.

The payment amounts are adjusted every year, and the current figures are:
  • National Adjusted Weekly Wage (NAWW) - $600.31
  • Maximum - $1,200.62
  • Minimum - $300.16
  • Minimum - $300.16
These amounts represent a 3.47% increase from the previous year.

Benefits of Washington Longshoreman Workers Comp

Benefits concern the right of the injured worker to obtain medical care to help him or her return to work. Unlike many workers' compensation statutes in different states, the worker is entitled to choose his or her own primary medical care provider. Injured workers can also be eligible for vocational rehabilitation services.

Death Benefits Available in Washington

If the worker is killed, there are survivor benefits paid to the remaining family members. The surviving spouse is entitled to $3,000 for funeral and burial expenses as well as 50% of the deceased worker's salary until that spouse either dies or remarries. If there are children involved, the benefits can increase to up to 2/3 of the salary until the children reach the age of majority.

Washington Claim Attorney and Lawyer

If you or someone you love has been injured or worse while working at sea and you believe that you are covered under the LHWCA, you need the help of an admiralty lawyer to make sure that you put your best foot forward in terms of obtaining the benefits you deserve. Contact the attorneys at Phillips Webster today to schedule a free initial consultation.

Summary

The Longshoreman Harbor Workers Compensation Act provides benefits and payments to workers who are injured at sea. The statute provides payments to those who are covered, provides specific compensation schedules, medical benefits and death benefits, so contact the admiralty lawyers at Phillips Webster today to schedule a free initial consultation.
 



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