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Gulf Coast, Mississippi Maritime Injury Attorneys

Longshore Claims

Biloxi Mississippi Longshoremen Injury Attorneys

The Longshore and Harbor Workers’ Compensation Act (LHWCA) bridges the gap between state Workers’ Compensation laws and the Jones Act. As the name implies, it is much more like state Workers’ Compensation. You do not need to prove fault to receive LHWCA benefits, but the compensation you can receive is small compared to the possibilities under the Jones Act. However, for those who do not qualify as seamen, LHWCA is well worth claiming. The experienced Mississippi maritime law attorneys at Reeves & Mestayer, PLLC, can help you determine which types of claim you qualify for and help you through the entire process.

Longshore and Harbor Workers Benefits

LHWCA benefits are very similar to the benefits employees can receive under state Workers' Compensation plans. Generally you can receive up to two-thirds of you normal wage, if you are considered totally or partially disabled. There is a minimum and maximum you can receive for total disability which is increased slightly each year on October 1st. From October 1, 2010 through September 30, 2011 the minimum weekly rate is $314.21, maximum is $1256.84, and average is $628.42. Although these are weekly rates, you will actually be paid every two weeks.

There are several types of disability:

There are limits on how long you can receive benefits for permanent partial disability. It depends on which part of your body is impaired. For instance, if you lose a leg you can receive benefits for 288 weeks (about five and one-half years); if you lose your hearing in one ear you can receive benefits for one year.

In addition to compensation for your wages, LHWCA benefits include:

Eligibility for LHWCA Benefits

LHWCA covers maritime workers who do not qualify as seamen including:

Certain types of workers are excluded from LHWCA if they are eligible for state Workers' Compensation. Employees of the U.S. government, state governments, foreign governments, and workers who work on vessels that are under 18 tons net weight are also excluded.

LHWCA Death Benefits

Surviving spouses and dependent children can draw LHWCA death benefits. A surviving spouse with no children can receive 50% of the deceased worker’s weekly wage, until death or remarriage. For a spouse with a child or children that amount is raised to two-thirds.

If there is no surviving spouse and only one eligible child, that child can receive 50% of the deceased worker’s weekly wage. When there is more than one eligible child they share two-thirds of the weekly wage equally.

Dependent parents, siblings, grandchildren, and grandparents may also be eligible for LHWCA death benefits.

If you or a loved one is in need of legal assistance in Biloxi, Mississippi or anywhere on the Gulf Coast, please call Reeves & Mestayer, PLLC at (228) 374-5151 or toll free (877) 377-5152 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.