Longshore Claims Attorneys at McLaughlin & Sanchez
Providing guidance for injured workers
Are you a dock worker or longshoreman looking for help after an on-the-job injury in San Diego? Maybe you're wondering if you need an attorney to file a longshore claim after an accident at a shipyard in South Bay or elsewhere in San Diego County.
McLaughlin & Sanchez can answer your questions, help you explore your options and understand your rights. Call us today for a free consultation.
"Who can file a longshore claim?"
Anyone engaged in maritime employment can file a longshore claim. Thousands of workers keep maritime commerce thriving in the San Diego area. They work at places such as the Port of San Diego and the NASSCO shipyard. Many are proud members of unions, such as the International Brotherhood of Boilermakers. All work jobs in which accidents can happen and people can get hurt.
There are many jobs that fall under the category of maritime employment. They include crane operators, longshore checkers, terminal workers, shipbuilders, marine construction workers, vessel repair workers, hold men, clerks and checkers, dock men, forklift operators, warehousemen, ship repairmen, ship breakers, pile drivers, and workers who help constructing piers and wharves.
McLaughlin & Sanchez have helped injured workers throughout the San Diego area file successful longshore claims. We can help maritime employees who have been hurt get medical care and financial benefits so they can recover to the fullest extent possible.
"Are longshore claims different from other workers' compensation claims?"
Yes, they are. Compensation for maritime workers is administered under the Longshore & Harbor Workers' Compensation Act (LHWCA). This is a federal law that differs from state workers' compensation laws.
The law allows injured maritime workers to recover the costs of medical care and two-thirds of their average weekly wages during the time they are unable to work. Benefits are paid directly by a self-insured employer, through an authorized insurance company, or in some cases, through a special federal fund.
If a worker is unable to return to that job because of the injury, the law also provides for vocational benefits. This includes evaluation, testing, counseling, placement and retraining to help the employee find a new job. Covered benefits may include the cost of tuition, books and other supplies.
"How can you help with my longshore claim?"
Longshore claims can be complicated, and employers and insurance companies look for ways to minimize, delay or deny payments. We can help you navigate the complicated system of claims administration to ensure you are getting the medical care you need and the benefits you deserve.
If you've been hurt in your maritime job and file a longshore claim, LHWCA allows you to choose a doctor from a list of authorized physicians. An insurance company may try to steer you to one of their favorite doctors, one who can help keep their costs down. We can help you choose a doctor who will give an unbiased and complete assessment of your injury.
Many times, a claims administrator will either deny a claim, or approve an amount that does not come close to what the injured worker should be getting. If this happens to you, we will appeal the decision to an Administrative Law Judge.