How Can I Benefit from the Longshore and Harbor Workers Compensation Act?

If you are a longshoreman in San Diego who has suffered a recent work-related injury, you are probably going to need the help of our experienced longshore attorneys. Reach out to us so we can advise you on your best course of action and help you file your longshore claim

You may also be wondering what your rights are and what type of benefits you are entitled to. Read on to learn more about the law protecting the rights of land-based maritime workers and how you can benefit from it.

What is USL & H?

The United States Longshore and Harbor Workers Compensation Act is a federal workers compensation law which applies to land-based maritime industry workers working on or over navigable waters, with the caveat that they must not be seamen. 

As the name applies, the Act protects the interest of longshore and harbor workers who are not entitled to regular workers compensation benefits. Furthermore, not being seamen (sailors, masters or crew members of ships and other types of vessels), longshore and harbor workers are not eligible to file claims under the Jones Act

In other words, USL & H was designed specifically to fill the gap and give coverage to this particular group of maritime employees, because other maritime and state laws failed to do so.

Who needs USL&H coverage?

The Longshore and Harbor Workers Compensation Act allows longshore and harbor workers injured on the job to file and collect benefits, as well as initiate lawsuits, as long as they are not suing their employers. Namely, the Act allows injured longshore and harbor workers to initiate a lawsuit against a third party for work-related harm or injury and collect relevant benefits at the same time.

As mentioned above, the Act does not cover seamen as there is a separate law that applies to them. LIkewise, it does not cover office workers and other employees who are not at an increased risk of injury. This includes any waterfront and seaside clubs, parks, eateries, stores, shops and more.

How are seamen protected by law?

A member of a crew of a ship, boat or other type of vessel who spends a considerable amount of time working on said vessel is considered a seaman. Those who spend a minimum of 30% of their time at work on a vessel are considered part-time seamen. Seamen who have been injured on the job may file a lawsuit under the Jones Act.

The Jones Act is a federal law which allows seamen to sue their employers for negligence and seek personal injury damages. In order to receive benefits, the seaman must prove that the personal injury was due to the employer’s negligence and failure to:

  • ensure reasonable safety of the vessel as a place to work,
  • ensure that the vessel is kept in a reasonably safe condition.

Are you a recently injured longshoreman in San Diego? Give us a call!

If you are a longshoreman working on San Diego Bay who has recently suffered a work-related injury, do not hesitate to give us a call as soon as possible. Our competent team of specialized longshore attorneys will go out of their way to help you prove your claim and pursue your rights and claim your benefits. Let San Diego’s Workers Compensation Attorney Group take the wheel and help you get your life back on track. Call now.