Longshoremen are covered by the Defense Base Act (DBA) to protect against
injuries on the job and may be able to recover compensation for time lost
from work. The compensation is based off the employee’s earnings
during the 52-week period just before the accident.
Four different types of disability compensation are available for injured
longshoremen to recover wages lost due to their injury according to the
Longshore and Harbor Workers Compensation Act (LHWCA).
Permanent total disability—for those employees who can demonstrate their illness or injuries
keep them from returning to work. At this point the employee is obligated
to prove suitable alternate employment, which is any employment the worker
could perform given their age, education, background, restrictions and
limitations. If such employment cannot be provided, the worker may obtain
total disability, otherwise they can obtain permanent partial disability.
Permanent partial disability—when an employee injures a certain part of their anatomy such as
a hand, foot, leg, or arm. Workers can be compensated for a certain number
of weeks depending on how impaired a doctor determines them to be. Injuries
to the back or head, known as “non-scheduled” body parts,
can received two-thirds of the difference between the pre-accident average
weekly wage and the current earning capacity which can continue indefinitely.
Temporary total disability—pay for any disability which totally inhibits you for two-thirds
of what is earned on an average week. This applied to employees whose
doctor places them on a “no work” status. Employees can receive
benefits until a doctor places them at maximum medical improvement or
returns them to regular or light duty.
Temporary partial disability—when doctors allow employees to return to limited work. If no such
limited or light work is available, workers can recover two-thirds of
their average weekly wage; otherwise, they can be paid at two-thirds of
the difference between the pre-accident average weekly wage and their
current earnings. Such disability may be received for five years.
You need to speak with a trusted workplace injury attorney if you are a
longshoreman hurt on the job.
Rosenberg & Rosenberg, P.A. can manage your claim and recover needed compensation.