Injured Shipyard Workers May Choose Their Own Doctor: Learn About Your Rights Under The LHWCA

Injured in a shipyard accident? You may qualify for benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA). Learn more about your rights and the pitfalls that can affect your right to compensation.

When a land-based maritime worker, such as a shipyard worker, is injured at work his injuries are usually covered by the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. Sec. 901, et seq. The LHWCA differs from the Jones Act because the worker does not have the right to sue his employer, even if the employer was negligent. However an injured worker may sue a third party, such as a ship owner, an outside trucking company, or a terminal operator for any hazardous conditions that contributed to the workplace injury.

Unfortunately, getting LHWCA compensation is not always simple. If an accident report was not filled out, there may doubt whether a compensable "accident" occurred. Even if the report was filled out, your employer may doubt the nature and extent of your injuries. For this reason, we suggest you see a doctor you trust and follow his treatment plan.

Your employer or insurance carrier may tell you that you have to see the company doctor. This is not true. Federal law mandates that injured workers under the LHWCA have the right to be treated by a physician of their choice. 33 U.S.C. 907(b). Seeing a company doctor may decrease your chance of getting fair compensation. A company doctor is paid to minimize your injuries in order to reduce your compensation claim, not to protect your interests.

Make sure that you read any document you are asked to sign. Some insurance companies will try to sneak in an agreement that binds you to seek care with the company's choice of physician. Even a verbal agreement to "just go and see our doctor" may require you to continue seeing the insurance company's physician for your injuries.

If you are being pressured by your employer or the insurance company, contact the maritime injury attorneys at The Young Firm. Our LHWCA lawyers will be able to advise you of your rights and help protect your financial interests. To speak to a maritime injury attorney, contact The Young Firm at 866-938-6113 and ask to schedule a free consultation.

Our book, Employee's Guide to Maritime Injury Law, contains valuable information for all maritime workers. To request your free copy, fill out our on-line form.