Longshoremen and Harbor Workers (LSHWA)

 

The Pinder Plotkin Legal Team Can Help!

INJURED AT THE PORT?

Since 1988, this office has had the honor of representing the hard working crews responsible for loading and unloading ships docked at the Port of Baltimore. We know that your job is filled with dangers—many people and huge machines moving in unison to move tons of freight on and off a ship under tight deadlines in all kinds of weather and any time of day or night.

Unfortunately, in that environment, accidents do happen. Longshore workers compensation was designed to provide a simple method to get employees necessary medical care; take care of their lost wages; and to pay them additional compensation for permanent injuries. Also unfortunately, is the fact that many times claims are delayed and disputed by employers and insurance companies—causing us to have to fight for what is rightfully theirs.

Workers Comp Lawyer

LONGSHORE CASES ARE VERY DIFFERENT FROM STATE WORKERS COMPENSATION CLAIMS.

MAKE SURE YOU HAVE AN EXPERIENCED ATTORNEY WHO KNOWS HOW TO HANDLE PORTS AMERICA; CERES; MTC; AND ANY OTHER EMPLOYER AT THE PORT.

Longshore Workers’ Compensation Claims are different from State claims.

For instance:

  1. In State cases, you can choose a doctor without getting approval of the insurer. In Longshore cases, although you get to choose-the insurance company must be notified prior to treatment – OR THEY DON’T HAVE TO PAY THE BILLS!!!
  2. In State cases, you get paid lost wages at 2/3rds of a State average weekly wage based on your 14 weeks prior to the accident; In Longshore cases, they go back 52 weeks; and you get 2/3rds without the State cap.
  3. In State cases, you have to file a formal claim within 2 years to be entitled to any type of benefits. In Longshore cases, so long as the employer has notice and has approved the doctor-they have to pay for medical treatment…but if you don’t file a claim with the Department of Labor you may not be able to file claim for lost wages or permanent benefits.
  4. In State cases, body parts such as the back, neck, and shoulder are usually the claims that result in higher compensation for our clients.  In Longshore, claims to individual body parts are much more valuable than in the State. If, however, your neck, back, or shoulder  injury keeps you from returning to your previous earnings, you may be entitled to lifetime loss of earnings compensation.

YOU ARE ENTITLED TO AN ATTORNEY

Making a claim for Longshore benefits with the Department of Labor oftentimes becomes complicated. Frequently, the employer’s insurance company which controls benefits, does not agree with you or your doctor’s opinion of the treatment you need, or your need to remain off work for a time. We can assist in making sure your claim is properly documented so that the employer pays for all the benefits required by law.

Experience Counts

Our office is  often consulted by other attorneys to handle Longshore cases. Experience counts, and our office has the ability to help you through your time of need.

Attorney Fees and Costs

Longshore law is designed so that an injured worker does not have to pay money out-of-pocket to hire an attorney.  The attorney who assists you with your case may be entitled to a fee at the end of your case, from any award you may receive for injuries which are permanent. Our fee is usually 20%; which may increase to 25% or 30% depending on what stage of appeal the case has to go through.  All fees and expenses must be approved by the Department of Labor.

You do not pay us out of pocket. Unless we win your case, we cannot charge you a fee.

WE CAN HELP

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For Your Workers’ Compensation Case

WHAT WE DO

Our Areas of Practice

From the moment the accident occurs, you need to know that an insurance adjuster is going to be reviewing any possible way they can get out of paying in your case.

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In order to qualify for benefits a worker must suffer an “accidental injury” or “occupational disease” arising from his employment.

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