Louisiana Oil Rig Workers and The Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act provides most injured offshore oil rig workers in Louisiana with several options to pursue compensation for their work-related injuries.
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides for the payment of compensation, medical care, and vocational rehabilitation services to employees disabled from work-related injuries that occur on the navigable waters of the United States or in adjoining areas customarily used in the loading, unloading, repairing, or building of a vessel.
The LHWCA also provides for payment of survivor benefits to dependents if the work-related injury causes or contributes to the employee’s death. These benefits are typically paid by the self-insured employer or by an insurance company on the employer’s behalf.
The term “injury” under the LHWCA also includes occupational diseases, hearing loss, and illnesses arising from employment.
The LHWCA is a no-fault system. Injured workers are entitled to recover compensation regardless of who caused the maritime or longshore accident.
Injured shore workers hurt by the negligence of third parties while on the job are entitled to receive workers’ compensation benefits under the LHWCA and bring civil claims against wrongdoers.
At Bart Bernard Injury Lawyers, we represent injured Louisiana oil rig workers in litigation, helping them recover compensation when they sustain injuries on docks, piers, and other locations that bring the victim within the scope of the LHWCA.
Employees Covered By The LHWCA
The LHWCA covers employees in maritime occupations such as longshore workers, ship repairers, shipbuilders or ship-breakers, and harbor construction workers. The injuries must occur on the navigable waters of the United States or in the adjoining areas, including piers, docks, terminals, wharves, and those areas used in loading and unloading vessels. Non-maritime employees may also be covered if they work on navigable water and their injuries occur there.
Individuals Excluded From The LHWCA
The LHWCA expressly excludes the Seamen (masters or members of a crew of any vessel), employees of the United States government or any state or foreign government, employees whose injuries were caused solely by their intoxication, and employees whose injuries were due to their willful intention to harm themselves or others. The LHWCA also excludes individuals covered by a state workers’ compensation law.
What Should I Do If I Am Injured On The Job?
You should notify your supervisor or employer representative immediately or immediately. If necessary, you should obtain treatment as soon as possible. You are entitled to select a physician to treat your injury.
You are required to give written notice of injury to the employer within thirty days of the injury or within thirty days when you become aware that you have an injury or disability related to the employment. For this purpose, it would help if you used Form LS-201 – Notice of Employee’s Injury or Death.
Please give notice of injury to maintain your entitlement to compensation benefits. This failure may be excused if you have a good reason or if the employer is not prejudiced by receiving the notice late.
Please report the injury within 30 days to ensure you receive the medical care necessary to treat your work injury.
Can Injured Oil Rig Workers Pursue
Third-party Civil lawsuits In Louisiana?
The Longshoremen Harbor Workers’ Compensation Act allows workers injured by a vessel’s negligent operation or maintenance to bring claims against the ship’s owner. Under this provision, employers still have to pay standard workers’ compensation to injured workers, but both parties could hold the vessel owner liable for damages.
Injured oil rig workers in Louisiana are entitled to pursue civil lawsuits against any third party, such as a contractor or manufacturer, responsible for causing the work-related accident. Third-party claims help injured workers obtain additional compensation above and beyond a longshore and harbor workers’ compensation claim.
Workers’ compensation benefits under the LHWCA typically cover the following:
· Up to two-thirds of lost wages,
· Medical treatment,
· Time-sensitive benefits related to loss of limb or bodily function, and
· $3,000 worth of funeral costs.
Third-party claims can help injured rig workers in Louisiana recover lost wages not covered by workers’ compensation benefits, possible lifetime economic and noneconomic damages due to loss of limb, or even funeral expenses not covered by the employer.
Bart Bernard Injury Lawyers – Unyielding
Louisiana Lawyers Working Tirelessly to Secure Compensation for Injured Oil Rig Workers
Hiring a Louisiana oil rig accident attorney can increase your chances of recovering fair and just compensation. They will guide you to put together a list of things you should be able to recover compensation for. Establishing the total amount you deserve is another area where attorneys can help you. So, reach out to an accomplished personal injury lawyer well-versed in maritime law and the Longshoremen Harbor Workers’ Compensation Act.
At Bart Bernard Injury Lawyers, we have comprehensive experience and an enviable and proven track record of success representing victims of oil rig accidents in Louisiana. Our experienced lawyers work closely with experts in the field to thoroughly investigate your accident’s circumstances and prepare and present the most robust case so you can recover the financial compensation you deserve.
If you sustained a severe injury while at work or performing the necessary duties of your maritime job in or around navigable waters, call Bart Bernard Injury Lawyers immediately. Our experienced LHWCA attorneys are dedicated to fighting for the rights of injured Louisiana rig workers and ensuring they receive the compensation they deserve for their injuries. We invite you to contact us for a no-cost consultation.
