Longshore Attorney Straight Talk: 14 "Must-Read" Tips For Seriously Injured LHWCA Workers

Read This First - - Even Before You Hire A Lawyer

This article is "MUST READING" for seriously injured Longshore workers. If you only read one article about the Longshore Act, this should be it. This article, by a Longshore Act Attorney and Defense Base Act Lawyer, will help keep you from losing your Longshore and Harbor Workers' Compensation Act (LHWCA) claim before you hire a lawyer.

14 Essential Tips For Longshore Act Claims

1. Report Your Injury Immediately.

Be sure to report it to someone in a position above yours at the company. Confirm the reporting with an e-mail and send a copy to yourself. Be sure to keep the email copy.

2. Don't Give a Recorded Statement or a Written Statement.

It will only be used to deny your claim. If the adjuster tells you they need your statement in order to provide you with medical treatment or weekly compensation benefits, call a Longshore lawyer. Immediately. But don't give a statement.

3. Don't Sign Any Medical Releases or Employment Releases.

If the LHWCA adjuster tells you they need you to sign authorizations in order to provide your LHWCA benefits, call a Longshore attorney.

4. Document Your Wages

Document all your Longshore wages, overtime, bonuses, etc. Keep all pay stubs and W-2's. Your money benefits under the LHWCA are directly tied to your earnings. You need to prove as much earnings as possible in order to maximize your money benefits.

5. You and the L&H Insurance Adjuster

Don't blow your relationship with the LHWCA insurance adjuster. Don't be gabby, but don't be rude. You must be polite. Only say as much as is necessary. The last thing you want to do is motivate the insurance adjuster against you and your claim. On the other hand, don't get all chatty with the LHWCA insurance adjuster. Remember, it is just like criminal law: everything you say can and will be used against you in a court of law. Depend on it. This is anther reason to get a seasoned LHWCA lawyer.

6. Keep Medical Records

Keep records of all medical treatment. Get names, addresses and e-mail address for all medical providers.

7. Witnesses

Get names, addresses, telephone numbers and e-mail address of all witnesses to your injury incident.

8. A Photo Is Worth 1000 Words.

Literally. Try and get photos of the scene of the injury. Whip out your cell phones and snap a few photos. Or have a co-worker document the scene. As soon after your injury as possible. If you are injured on a ship and it was caused by an unsafe condition on the vessel, take photographs. And lots of them. More photos are always better.

8. Always Tell the Truth.

If the Judge sees you have lied to them you will have lost your case. You only get one chance and one case. Don't lose your case by fudging, exaggerating or lying.

9. Prior Injuries and Claims

Don't lie about or hide previous injuries, conditions and/or claims. There is no apportionment under the Longshore Act. Meaning, you can have 95% pre-existing condition and 5% caused by the LHWCA injury and it is all compensable. With computer data bases available to the insurance comapies today, you will get nailed if you try and hide a prior claim or injury.

10. Free Choice Physician

Don't blow your free choice of physician. You get one free choice physician under the LHWCA. Don't select the wrong doctor. Never, ever chose a doctor suggested to you by the LHWCA insurance adjuster.

11. You Do Difficult Work - Now Tell Your Doctor

Be sure to explain to your doctor the work you do. Explain the lifting requirements, how much you have to climb ladders, carry tools, lashing, etc. Don't assume your doctor knows how rigorous your job is. Tell them. It is important for your doctor to understand the rigors working as a longshoreman, harbor worker, shipyard worker, etc.

12. Nurse Case Managers

Don't allow the insurance company nurse case manager to go into the examination room with you and your doctor. Politely ask them to wait in the waiting room. The nurse case manager's job is to save the insurance company money - - not help you.

13. Third Party Cases - Vessel Owner Cases

If a defective product was involved in your injury, get photographs of the product. Write down and try to document with photos, the make, model, serial number of the defective product. Try and find out who owns or leases the product. Get any identifying numbers for the product.

If the vessel caused your injuries, be sure to take photos of the parts of the vessel that caused your injury or was involved with your injury. If you slipped in oil on the deck, document it with photos. Be sure to photograph ladders with inadequate grip tape or faulty treads.

14. Getting Legal Advice from the Enemy

Don't take legal advice from the Longshore adjuster. You are at war with the insurance company. They are trained to be nice to you so you will trust them. The adjuster will sweet talk you while they take your money. Happens all the time. Don't ever hire a lawyer suggested to you by the LHWCA adjuster or nurse case manager. They want you to hire someone they can "work with." Guess who will get "worked over" if you do?

Disclaimer

This US L&H article is not legal advice. I am simplistic in order to achieve clarity. Your LHWCA case may be different from the facts and circumstances discussed in this article. If you are a seriously injured LHWCA worker, you are urged to seek a seasoned L&H workers' compensation attorney.


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Bill Turley is a leading California Longshore Attorney and Best Rated Defense Base Act Lawyer. He was awarded Super Lawyer and was elected President of Consumer Attorneys of San Diego. He has the most comprehensive LHWCA lawyer website.