Longshoremen have a dangerous job, and sometimes maritime accidents can result in death. The financial uncertainty from the devastating loss of a loved one can add to the emotional burden.
While compensation for the deceased’s family will never replace their loved one, it can provide financial stability during a difficult time.
At Young Firm, we know that our understanding of death benefits under the Longshore Harbor Workers’ Compensation Act (LHWCA) can help recover the full compensation you deserve.
The more you know about your right to LHWCA benefits, the more confident you can become in seeking maximum compensation with the help of a maritime injury lawyer.
The LHWCA is a federal law providing compensation for longshore and harbor workers injured or killed on the job.
The act covers traditional maritime employees, including but not always limited to:
Whether working on a dock, shipping terminal, or other maritime setting, the LHWCA may cover you.
If you don’t know your loved one’s status as a maritime worker, contact an LHWCA lawyer at Young Law.
The LHWCA covers all injuries that result in death while working in a maritime setting, including but not limited to:
Maritime employers must provide a safe working environment for their employees. If they fail to do so, surviving family members may recover monetary benefits under the LHWCA.
The Longshore and Harbor Workers’ Compensation Act (LHWCA) offers financial support to families struck by the loss of a loved one in the maritime industry.
Here’s a breakdown of how benefits are currently allocated among dependents:
This structure ensures that loved ones left behind can maintain financial stability after losing a family member who worked in hazardous maritime roles.
At Young Firm, we have a team of experienced legal professionals who can evaluate your case and fight for the maximum compensation you deserve after losing a loved one to negligent maritime practices.
Understanding payout procedures is just as confusing as calculating the value of your case. General practices include:
Some cases may see benefits paid out for life, with adjustments for inflation included annually. Others are paid out in a predetermined number of installments.
The process for applying for LHWCA benefits is complex and overwhelming, especially when dealing with the emotional distress of losing a loved one.
For this reason, seek legal help from a Longshore Harbor Workers’ Compensation Act lawyer who can:
With insurance companies trying to minimize or deny claims, having an LHWCA attorney who understands the law makes all the difference in receiving a favorable outcome.
Initial Filing RequirementsTo receive LHWCA benefits, you must file form LS-262 with the United States Department of Labor, Office of Workers’ Compensation Programs (OWCP).
You must file this form within one year of the death, and must provide all necessary documentation to support your claim, which may include:
At Young Law Firm, we’ve seen firsthand what happens when surviving family members fill out this form on their own while racked with grief.
The triggering aspect of digging up marriage, birth, and death certificates is often demotivating, making it challenging to complete a claim for LHWCA benefits.
When this form is filled out incorrectly or without all supporting documentation, it can lead to a delay or denial of benefits. This is why seeking the guidance of an experienced maritime law attorney is crucial in ensuring that your claim is filed correctly.
A one-year statute of limitations exists for filing a claim for LHWCA death benefits.
This means that if you do not file within one year from the date of your loved one’s death, you may lose your right to receive compensation.
However, exceptions to this rule may apply in cases where you can prove that the employer or insurance company deliberately withheld crucial information or misled the family about their rights to file a claim.
These shady tactics highlight the importance of seeking legal representation as soon as possible after the death of a loved one in a maritime setting.
An experienced LHWCA attorney can navigate these complexities and ensure your rights are protected and maximum compensation is received.
The LHWCA covers all work-related deaths, regardless of any pre-existing conditions. As long as the work environment contributed to or aggravated the condition, surviving family members may recover ongoing compensation.
The LHWCA covers all harbor workers, including part-time and seasonal employees. If a worker dies while on the job, surviving family members may qualify for benefits.
The LHWCA does not consider fault or negligence when determining eligibility for death benefits. Surviving family members may recover benefits as long as the death occurred while on the job.
The responsibility for providing LHWCA death benefits falls on the employer’s insurance company, not the employer itself. Therefore, hire experienced legal representation capable of strong negotiation skills and aggressive litigation should your case go to court.
The LHWCA is more comprehensive than just providing death benefits. Surviving family members may also recover other damages from the employer and/or insurance company, such as lost wages and medical bills for treatment before death.
Call a maritime lawyer.Seek legal representation to recover the maximum compensation you deserve under the LHWCA.
An experienced attorney can navigate the complex process and provide all necessary documentation and meet all deadlines to support your claim.
Gather all necessary documentation, such as a death certificate, proof of employment and earnings for the deceased worker, and any other relevant documents supporting your claim.
This will build a strong case on your behalf. Rest assured that your LHWCA attorney can obtain any information you can’t gather on your own.
Remember the one-year statute of limitations for filing a claim for LHWCA death benefits.
Act quickly and never delay seeking legal representation to file your claim. The longer you wait, the harder you make it to gather necessary evidence and meet deadlines.
Only surviving spouses, children, and, in some cases, immediate family members are eligible to receive death benefits under the LHWCA. If you divorced the deceased worker at the time of their death, you may not qualify for benefits.
If a third party, such as a ship owner or another company working on the same vessel, caused your loved one’s death, you may recover additional compensation through a separate claim.
Yes, as long as your loved one was working in a maritime industry and their death occurred while on the job. The LHWCA applies to all workers in the maritime industry, regardless of their location at the time of their death.
The Jones Act covers personal injury and death claims for seamen. In contrast, the LHWCA covers workers not considered seamen under the Jones Act.
If your loved one worked on a vessel as a crew member, they may have a Jones Act claim.
Discuss your case with an experienced maritime attorney to determine which claim applies to your situation.
The timeline for receiving LHWCA benefits varies depending on the case’s complexity. Still, average processing times rarely take less than five months.
While this may seem like an impossible amount of time to wait for financial assistance, an experienced LHWCA attorney will work diligently to expedite the process and obtain the maximum compensation as quickly as possible.
No amount of money will ever make up for the loss of a loved one. However, by confidently seeking your rightful compensation with an experienced LHWCA lawyer at the Young Firm, you can focus on healing and moving forward after such a tragic event.
For more insights into understanding death benefits under the Longshore Harbor Workers’ Compensation Act, contact The Young Firm online or at 504-608-6308.
