Longshore and Harbor
Workers Compensation Act
Practice groups
Our maritime practice group advises clients on all matters relating to the world’s water ways. Whether you matter stems from injuries sustained from the loading and unloading of of cargo, an accident on a cruise ship, structuring a yacht charter company, the financing, construction, and operation of a personal vessel, or anything in between, our team stands ready to help you navigate the world’s navigable waters.
Longshore and Harbor
Workers Compensation Act
In 1927 the United States Congress passed what is known as The Longshore and Harbor Workers Compensation Act, codified in 33 U.S.C. §§ 901-50, in an effort to provide lost wage and medical benefits to those employed in the loading and unloading of cargo on U.S. navigable waters. A form of worker’s compensation, the LHWCA provides benefits far beyond what most state run worker’s compensation programs offer, fitting because as anyone who has ever worked as a “longshoreman” will gladly explain, you would be hard pressed to find a more physically demanding profession.
Injuries from accidents, often regardless of fault, and even wear and tear from repetitive trauma are covered under the act and injured workers are provided both medical care and generous lost wages benefits that begin immediately; provided you know how to navigate the system, or have an attorney that does.
We know the process from the filing of the LS-18 through hearing with the Administrative Law Judges and through the appeals process. We have helped countless individuals obtain the benefits they deserve, benefits that too often go unused and unclaimed, simply because the victim is unaware they exist or does not understand the process. We have worked closely with the International Longshoreman’s Association (ILA) and consider our friends at the ports our second family. If you think you may have a claim, schedule a consultation and together, let us help you navigate the process and obtain the benefits you deserve.
Defense Base Act
An extension of the Longshore and Harbor Workers Compensation Act, the Defense Base Act, codified in 42 U.S.C. §§ 1651-54 with implementing regulations found in 20 C.F.R. Parts 701, 702, 703 and 704, and 48 C.F.R. §§ 28.305 and at §§ 52-228-3 and § 52-228-4, is a form of federal workers compensation available to civilian employees working overseas. Specifically, covered individuals include those:
An extension of the Longshore and Harbor Workers Compensation Act, the Defense Base Act, codified in 42 U.S.C. §§ 1651-54 with implementing regulations found in 20 C.F.R. Parts 701, 702, 703 and 704, and 48 C.F.R. §§ 28.305 and at §§ 52-228-3 and § 52-228-4, is a form of federal workers compensation available to civilian employees working overseas. Specifically, covered individuals include those:
Working for private employers on U.S. military bases or on any lands used by the U.S. for military purposes outside of the United States, including those in U.S. Territories and possessions;
Working on public work contracts with any U.S. government agency, including construction and service contracts in connection with national defense or with war activities outside the United States;
Working on contracts approved and funded by the U.S. under the Foreign Assistance Act, generally providing for cash sale of military equipment, materials, and services to its allies, if the contract is performed outside of the United States;
Working for American employers providing welfare or similar services outside of the United States for the benefit of the Armed Forces, e.g. the USO
Like the related Longshore and Harbor Workers Compensation Act, benefits under the Defense Base Act are generous and begin immediately, but are even more likely to go unused and unclaimed. This is a result not just of the complexity of the program and the scarcity of attorneys versed in this area, but also the fact that more often than not, those entitled to benefits are foreign nationals that have never set foot on United States soil.
We have helped hundreds of individuals, United States Citizens and foreign nationals from a dozen different nations alike, navigate the complex process and obtain the benefits they deserve. There is no greater act of bravery, no calling more noble, than to to put one’s life on the line for one’s family, one’s neighbors, and for a cause that is just. Honor demands that we care for those who are injured while answering that calling. With honor, the law is in agreement, and we are proud to play a part in helping the bravest among us obtain what they earned in bravery, blood, and sacrifice. If you are one of these brave souls, schedule a consultation, and let us help you get the benefits you deserve.
The Jones Act
The Jones Act, a subset of the Merchant Marine Act of 1920, 46 U.S. Code § 30104, provides recourse to seaman injured while serving aboard vessels involved in cabotage; coastal trade moving goods from one port to another in the same country. At the congressional hearings that took place in the lead up to the passing of the Merchant Marine Act, Attorney John Hickley eloquently summarized the plight of the seamen thusly:
“From the very beginning of American civilization, courts have protected seamen whom the courts have described as ‘unprotected and in need of counsel; because they are thoughtless and require indulgence; because they are credulous and complying; and are easily overreached. They are emphatically the wards of admiralty.”
Like the Longshore and Harbor Workers Compensation Act and the Defense Base Act, the Jones Act is an attempt to codify a statutory framework for providing recourse to those employed in one of the most dangerous jobs imaginable. Unlike the LHWCA and the DBA, the Jones Act is not a form of workers compensation; it simply provides a statutory cause of action and a framework to pursue a claim against one’s employer or the ship upon which one was injured. This means benefits do not start immediately, and the bar to recovery can be higher, so it is imperative you start the process immediately. If you think you have a claim under the mines act, schedule a consultation with us today.
General Maritime Law
Despite admirable attempts by the United States Congress and other governmental bodies at creating a statutory framework for those injured at sea to recover for those injuries, often times the unique facts of one’s injury don’t fit neatly in one of the categories contemplated by government. Does that mean the injured has no claim? No.
The General Maritime Law refers to the multi-jurisdictional patchwork of laws, common and statutory, made by judge, legislature, executive decree, custom and treaty, that has evolved over a thousand years or more to govern activities on the high seas.
From the Rolls of Oleron to the Baltic Exchange, this patchwork of authority can be nearly impossible to navigate without a seasoned guide. Luckily, with our office and our maritime group, you have found exactly that. If you have been injured on the high seas and you facts don’t fit neatly into one of the statutory categories, or if you simply don’t know where to begin, schedule a consultation, and let us help you begin the journey of becoming whole again.
Cruise Ships
The smiling, sun kissed, faces, open bars, all you can eat buffets, and spellbinding performances that have become the hallmark of the cruise ship industry hide a darker truth lurking just beneath the glistening fresh paint of these floating resorts. Ask anyone who has been injured while on one of these high seas getaways, employees and passengers alike, and you will hear one constant refrain; if you don’t like what the company offers, you have no recourse.
Taking advantage of the international nature of the high seas, over lapping and often contradictory sets of laws, and cleverly structuring their legal entities to take advantage of the “eccentricities” found in the multi jurisdictional nature of maritime law, the Cruise Companies have created a near unnavigable labyrinth an injured person must brave before receiving the compensation they are owed. The fine print that accompanies every ticket basically surrenders nearly every recourse a passenger might have in the event of injury.
Luckily, there is always a way to justice, and we have successfully navigated that maze numerous times in the past for the benefit of our clients. If you work for one of these companies or spent your hard earned money purchasing a ticket on one of their voyages and were injured, schedule a consultation and together, let’s show the, that they are not above the law.
Private Vessels, Yachts, and Charters
Our maritime group knows all too well the allure of owning your own ship and casting off into the setting sun for a voyage of pleasure, adventure, or labor. Man has always been drawn to the promise of the open waters, but owning a vessel capable of carrying one over the horizon can be a costly, confusing, sometimes dangerous and liability filled undertaking.
Our maritime group is here to advise you at every step of that undertaking; from the commissioning of a vessel, financing, construction, registration and compliance, maintenance, ownership, and using that vessel for income producing activities. We are well versed in the overlapping jurisdictions that govern the construction, sale, ownership, and use of private yachts. Let us take help you navigate the process, so you can realize your dream of captaincy of your own ship.
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