Your Rights as an Injured Port Worker in Houston

As a port worker, if you are injured during the course and scope of your employment, your benefits will be controlled by the Longshoremen & Harbor Workers’ Compensation Act. This federal law offers medical care, wage reimbursement, and rehabilitation services for longshoremen, stevedores, and other port workers who develop occupational illnesses or are injured on the job.  

This federal law was created to help people who work in jobs connected to maritime work, like loading or unloading ships or building and repairing them. If a worker gets hurt in dry dock, on a shipping terminal, wharf, or pier, they may qualify for benefits under the Act. Workers who are hurt near these areas may also qualify if their regular job involves loading, unloading, building, or fixing ships.

If you are a dock worker who was injured on the job and your employer won’t pay your medical bills, won’t let you see a specialist, or isn’t paying you basic support, contact the skilled Texas port worker injury lawyers at The Law Office of Sandy McCorquodale, P.C. for a private case review.

The Longshore & Harbor Workers’ Compensation Act

As a longshoreman, you have the right to have your employer pay your medical bills and related costs while you heal. You can also file an accident claim to receive part of your lost wages. If your claim is denied, you have the right to challenge the decision. 

You do this by filing Form LS-207. You must send it to the Office of Workers’ Compensation Programs, which will work with you and your employer to try to resolve the issue. One of our attorneys can guide you through every step to make sure your rights are protected.

Who Does the Longshore and Harbor Workers’ Compensation Act Cover?

Stevedores and many other port workers who work on different ships owned by different companies are usually covered by the LHWCA. Here are some of the types of jobs and industries that are included:

• Construction workers
• Deliverymen
• Janitorial staff
• Maintenance workers
• Pier and dock workers
• Shipbuilders

How Are the Jones Act and the LHWCA Different?

To be covered by the Jones Act, two main things must be true:

• You work on one vessel or a fleet of vessels owned by the same company.
• You spend at least one-third of your work time offshore doing a job that helps the vessel complete its mission.

If you don’t meet these rules, for example, if you work on the dock loading or unloading cargo, or you do maintenance on many different ships owned by different companies, then you are probably covered by the LHWCA instead.

Our experienced maritime and longshore lawyers can figure out which law applies to you and make sure you receive the highest compensation available for you and your family.

What Benefits Am I Entitled to Under the LHWCA?

Unlike the Jones Act, which can lead to large payouts for lost wages and future earnings, the LHWCA pays you a set percentage of the national average weekly wage, based on rates set by the Department of Labor. You may receive between 50% and 200% of that amount. You also get your medical costs covered, including doctor visits, medications, surgeries, physical therapy, and even travel expenses related to your treatment.

You could also collect additional benefits, including:

• Lost wage compensation
• Medical expenses
• Job training or vocational rehabilitation services

What Damages Are Available in a Texas Port Worker Injury Case?

Both federal maritime law and Texas law let injured workers and accident victims collect many types of compensation. The purpose is not just to pay your bills right now, but also to help with the costs you will have in the future.

You could be eligible to recover:

• Medical expenses: This includes everything from emergency treatment to long-term care and rehab.
• Lost wages: Money you couldn’t earn while you were hurt and income you won’t be able to earn in the future
• Loss of earning capacity: If your injury keeps you from doing the kind of work you used to do
• Pain and suffering: The physical pain and emotional stress caused by the accident
• Loss of consortium: For spouses or family members whose relationship with you has been affected by the injury
• Punitive damages: Extra money awarded when the company acted extremely dangerously, like ignoring safety rules or putting workers at serious risk

Each case is different, so an experienced Texas port worker injury lawyer will look at what you have already lost and what you’re likely to lose in the future.

Contact the Law Office of Sandy McCorquodale, P.C.

If you are hurt in an accident while working at a Texas port, your employer will probably ask you to do an interview and give a recorded or sworn statement about what happened. Do not agree to any interview or statement until you have talked to a Texas port worker injury lawyer from the law office of Sandy McCorquodale and decided whether it is a good idea. Give us a call at (833) 712-4472 or fill out our online contact form to schedule your case evaluation.