For dock workers throughout Mississippi, there are great benefits to the job but also many dangers. Shipyard workers, material handlers, and other workers on docks tend to operate in dangerous conditions every day to get the job done. When a vessel’s negligence leads to your injury, you could be entitled to compensation under federal maritime law. You also may be entitled to Longshore workers’ compensation for damages in order to help you recover after an accident, regardless of fault.
To have your case analyzed, seek counsel from Elissa M. Coombs, an Olive Branch dock worker injury lawyer. It takes an experienced maritime injury attorney to fully understand and navigate all relevant laws in these kinds of cases.
Longshore and Harbor Workers’ Compensation Act
When a dock worker is injured while on the job, they are protected by federal law in most cases. The Longshore and Harbor Workers’ Compensation Act helps to protect dock workers who have been injured by providing workers’ compensation-like benefits to them and potentially their family members. Some of the benefits that it can provide include:
- Medical care
- Vocational rehabilitation services
- Disability benefits
- Survivor benefits to dependents
For dock workers who have faced injury on the job, whether through employer negligence or through their own negligent actions, protections under this federal law may help ensure that their financial and health concerns are properly protected.
When a Dock Worker is Eligible for Benefits
A dock worker is eligible for benefits under the Longshore and Harbor Workers’ Compensation Act when an injury occurs on the job, and that job occurs during maritime employment on navigable waters within the United States. Navigable waters include any body of water supports commercial navigation. For dock workers, working on the river or sufficiently near the river may permit eligibility under this federal act. Other rules for claiming benefits under the Act include:
- A notice of the injury must be submitted within 30 days to the employer
- A formal claim has to be filed with the U.S. Department of Labor within one year of the injury
- An employer is permitted to dispute the claim or choose voluntary pay within 14 days of the accident
These rules are subject to many nuances that may affect an individual’s case. For a full understanding of their rights, a client should speak with a dock worker accident lawyer in Olive Branch.
Third Party Claims
Under certain types of situations, a claim may exist against a third party who is not the employer. When another party’s negligence is the cause of the client’s work injuries, a third-party claim may help to ensure compensation from the appropriate party. This can occur when the dock worker is injured by the owner of another vessel, an employee of a different company, a third-party contractor, or in many other situations.
The worker is not required to know at the outset who the appropriate defendant should be in their injury case. A dock worker injury lawyer in Olive Branch understands the law and can work to identify the proper parties to be subject to the lawsuit.
Reach Out to an Olive Branch Dock Worker Injury Attorney
Dock workers do important work and help keep our country’s navigable waters productive and safe. As one of these workers, you deserve the same protections of your safety and health. When you are injured on the job, you are entitled to file a lawsuit for financial compensation. To get started with your claim, contact Olive Branch dock worker injury lawyer Elissa M. Coombs and learn what your next steps are.