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San Diego Longshore Act Lawyers

Longshore and Harbor Workers' Compensation Act (LHWCA)

The Port of San Diego is a frequent stopping ground for cargo and cruise ships because of its proximity to open ocean and lack of shipping congestion. Thousands of workers line these docks every year to make sure the ships the come in and out of these ports operate properly. Though there are high standards for the upkeep of these docks, sometimes accidents happen.

The Longshore and Harbor Workers' Compensation Act (LHWCA), commonly referred to as the Longshore Act, was designed as a compensation plan that covers maritime workers or dock workers who are disabled or killed in a land-based injury.

Longshoreman and dockworkers usually do not qualify as seamen and therefore cannot receive benefits of the Jones Act.

Who is Covered?

  • Longshoremen
  • Harbor Workers
  • Ship repairmen
  • Shipbuilder
  • Ship-breakers

What Benefits are Available?

  • Medical - includes all medical expenses and cost of travel to receive treatment. It also includes the cost of rehabilitation.
  • Disability --payable for disabilities that are permanent total, temporary total, permanent partial, or temporary partial. Compensation is paid at a lesser rate if the employee is only partially disabled. (Disability means that the maritime worker cannot earn wages while injured.)
  • Death-paid to a widow or widower or other eligible survivors if the injury causes the employee's death. Reasonable funeral expenses are paid, up to a maximum of $3,000.

Maritime workers and longshoremen can also claim coverage for illnesses caused by certain jobs. For example, For example, workers exposed to toxic chemicals in the course of their job may claim benefits for chronic conditions caused by illnesses linked to toxic exposure.

How Much Will I Receive?

The minimum rate of compensation is 50 percent of the national average weekly wage or the employee's full wage if less. The maximum compensation rate is 200 percent of the current national average weekly wage as determined by the Secretary of Labor.

What Should I Do If I am Injured?

  1. Notify your employer immediately. Written notice of your injury or death must be given within 30 days of the accident.
  2. Seek medical assistance for your injury.
  3. File a written claim for compensation within one year after the date of injury. A claim for survivor benefits must be filed within one year after the date of death. The time for filing claims in certain occupational disease cases has been extended to two years

Discuss Your Situation with a San Diego Longshore Act Lawyer

It is important to act quickly; otherwise you may lose your chance to get the compensation you deserve. The laws governing longshoremen and harbor workers are extremely complicated and often require a qualified, experienced, and knowledgeable attorney. Fortunately, the San Diego longshore act attorneys at Jurewitz Law Group work hard to get you the benefits you need and deserve. Call our law office for a free consultation at (619) 233-5020 or (888) 233-5020.


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Downtown San Diego Location

DOWNTOWN SAN DIEGO
Jurewitz Law Group
600 B Street, Suite 1550
San Diego, CA 92101

Phone: (619) 233-5020
Fax: (888) 233-3180
Toll Free: (888) 233-5020
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North County San Diego Location

NORTH COUNTY SAN DIEGO
Jurewitz Law Group
2244 Faraday Ave. Suite 101
Carlsbad, CA 92008

Phone: (760) 585-4640
Fax: (888) 233-3180
Toll Free: (888) 233-5020
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San Diego Longshore Act Attorney Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a lawyer for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of California.

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