If you are seriously injured while working on the waterfront, you need to understand your legal rights. Most Longshore and Harbor workers realize that if you get injured at work you are entitled to Longshore workers' compensation benefits. However, most injured Longshore workers don't understand how much more you may be able to recover in a Longshore Third Party case. This article is by a Longshore Third Party Lawyer.
Why You Need to Know If You Have A Viable Longshore Third Party Case
Generally, if you are seriously injured Longshore worker you can have either a scheduled injury or a non-scheduled injury. Either way, your future wage loss claim is based upon a schedule or the maximum compensation rate. The point being is your Longshore Act wage loss recovery may be limited. In addition, under the Longshore Act you are not entitled to pain, suffering and loss of enjoyment of life type damages.
If you have a viable Longshore third party case on the other hand, you are entitled to your full wage loss. In addition, you may also recover for pain, suffering and loss of enjoyment of life type damages. Under many circumstances, your Longshore Third Party case may have much, much more value that your Longshore Act benefits.
The Exclusive Remedy Rule
Generally, if you are injured on the waterfront, your exclusive remedy against your employer is Longshore and Harbor Workers' Compensation Act benefits. Meaning, you can't sue your employer if you are injured on the waterfront. Even if your employer's negligence was the cause of your injuries.
What Is A Longshore Third Party?
A third party is any person, entity or company other than your employer that is legally responsible for your injuries. Examples of third parties are vessels, vessel owners, defective product manufactures and sellers, and port authorities.
Can I Receive Both a Longshore Recovery and a Third Party Recovery?
Generally, a Longshore Act workers' compensation recovery does not preclude a civil suit by you against a negligent third-party. Your civil lawsuit against persons/entities other than your employer is called a Longshore third party case or a Longshore third party work injury case.
Disclaimer:
This article is not legal advice. We are simplistic in order to achieve clarity. Your Longshore case may differ from the facts and circumstances described in this article. If you are a seriously injured Longshore worker or Harbor worker, you need to consult with a Longshore Third Party Attorney. When you are bringing a court case it is very important to always tell the truth.
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