Working at ports, terminals and docks can be dangerous. From slip hazards to inexperienced coworkers, and from defective tools and equipment to unmaintained boats and ships, there are numerous issues that can lead to on-the-job injuries for port, terminal and dock workers in Wisconsin. If you have been injured on the job, you will need to determine what type of claim you can file, and it will be important for you to speak with a maritime accident attorney about your legal rights.
Seeking Workers Comp as a Port, Terminal or Dock Worker in Wisconsin
As a port, terminal or dock worker, you may not be eligible for benefits under Wisconsin’s workers’ compensation statute. Generally, this law applies to land-based workers employed in non-maritime occupations. Instead, recovering benefits for your injury may involve filing a claim under the Longshoreman & Harbor Workers Compensation Act (LHWCA).
The LHWCA is a federal law that applies specifically to port, terminal and dock workers who are not eligible for state workers’ compensation benefits. Administered by the U.S. Department of Labor (DOL), the LHWCA provides benefits similar to those available to non-maritime employees. Under the LHWCA, available benefits include:
- Medical Benefits – If you are eligible for LHWCA compensation, you can obtain coverage for the full cost of receiving treatment for your injury from a doctor of your choice.
- Disability Benefits – The LHWCA provides disability benefits to employees who are unable to perform their job duties as a result of their injuries. The amount of disability benefits you can receive depends on your current wage, whether you are fully or partially disabled, and how long you are unable to work.
- Vocational Rehabilitation Services – The LHWCA also makes vocational rehabilitation services available to employees who need to seek alternate employment as a result of their injuries.
There are limitations on each of these types of benefits, and determining how much you are entitled to receive will require a careful evaluation of your individual circumstances. To make sure you are able to recover the maximum benefits available, you should consult with a maritime accident attorney right away.
How To File for Benefits Under the LHWCA
In order to seek compensation under the LHWCA, you must file Form LS-203 with the DOL. This can be a daunting process, and you will need a lot of information in order to file your claim successfully. Given the challenges involved, it is a good idea to have an attorney prepare Form LS-203 for you; and, again, it is in your best interests to seek advice from an attorney as soon as possible.
Discuss Your LHWCA Claim with Maritime Accident Attorney David Willis
Were you injured while working at a port, terminal or dock in Wisconsin? If so, maritime accident attorney David Willis can help you file for the benefits you deserve. To learn more, call 800-468-4878 or request a free consultation online today.
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