New Jersey Injury Lawyers for Longshoremen

Longshoremen Injury Attorneys in Clark, NJ Dedicated to Protecting Injured Workers in Essex County, Hudson County, Middlesex County, Union County, and Throughout NJ

Longshoremen and harbor workers have some of the most dangerous jobs not only in New Jersey but nationwide. Serious health issues, including extremity injuries, are common work injuries in these occupations. When injuries or occupational illnesses occur in these hazardous work environments, you’re entitled to benefits under federal law. Getting these benefits can be a complicated ordeal, but Team Law’s New Jersey injury lawyers for longshoremen can guide you through the claims process and ensure you receive all the benefits you deserve. 

Team Law makes getting help for a longshoreman work injury easy, with 24/7 availability, free initial consultations, and quality legal representation available at no upfront cost. To get started, contact us today. 

Longshoremen Work Injury Claims in New Jersey 

The longshoreman industry is big in New Jersey, where the American Maritime Partnership reported 15,670 domestic maritime industry jobs. It’s also a hazardous line of work that can leave injured employees unable to earn a living and in need of extensive medical treatment.

In the course of their duties, longshoremen, shipbuilders, repairmen, and other harbor workers are constantly surrounded by heavy equipment, machinery, and tools that could cause injuries, especially if any party involved fails to use reasonable care. These tools are used to perform potentially dangerous tasks, like lifting, loading, welding, and cutting. 

These hazardous environments present numerous risks to New Jersey workers. Accidents, overexertion, and exposure to toxic substances on the job can leave longshoremen seriously injured. A particular concern in this industry is extremity injuries, which in many cases can be life-threatening or limb-threatening. 

Your Rights to Work Injury Benefits as a Longshoreman 

Although injured employees in most other industries in NJ are entitled to benefits under the state workers’ compensation system, this system doesn’t apply to longshoremen. Instead, it’s federal law, in the form of the Longshore and Harbor Workers’ Compensation Act (LHWCA), that provides benefits for certain types of injured maritime employees and for civilian employees on military bases worldwide.

Who Is Covered Under the Longshore and Harbor Workers’ Compensation Act? 

The LHWCA provides for the payment of compensation, medical care, and vocational rehabilitation services, but only for eligible employees and covered situations. Under this law, the disability or death prompting the claim for benefits must result from an injury occurring upon the navigable waters of the United States. This provision includes not only accidents occurring in the water but also in or on any adjoining: 

• Wharf
• Pier
• Dry dock
• Terminal 
• Building way
• Marine railway 
• Other areas customarily used for loading, unloading, repairing, dismantling, or building a vessel

Determining eligibility for work injury benefits under the LHWCA also means understanding what, in this context, constitutes an employee. For purposes of the LHWCA, the term “employee” means any person engaged in maritime employment who does not constitute “a master or member of a crew of any vessel” or an individual employed exclusively to perform office or clerical duties. (Those excluded by the Longshore Act may be covered under the Jones Act or by a state workers’ compensation law.)

Generally, workers who qualify for benefits under the Longshore and Harbor Workers’ Compensation Act include: 

• Longshoremen
• Shipbuilders
• Shipbreakers
• Ship repairman
• Harbor workers 
• Any worker engaged in longshoring operations

The nuances of the LHWCA and other work injury regulations can make it difficult for injured longshoremen to know exactly how to proceed with securing compensation. Team Law’s New Jersey injury lawyers for longshoremen can help you sort out avenues for compensation and identify your next steps. 

Benefits Injured Longshoremen Are Entitled to Under the Longshore and Harbor Workers’ Compensation Act

As an injured longshoring employee, the types of compensation you could be entitled to include the following. 

Permanent Total Disability 

If an injured worker suffers a total disability that is determined to be permanent, they generally qualify for two-thirds of their average weekly wages during the continuance of the total disability. 

The LHWCA does not prohibit the receipt of both Social Security Administration benefits and permanent total disability benefits under the LHWCA. However, the Social Security Administration may reduce the benefits it pays to you based on the amount of workers’ compensation payments you receive. You may be responsible for notifying the Social Security Administration if you receive both Social Security and Longshore benefits to ensure that you have not been overpaid.

What determines whether your injuries count as permanent total disability? Certain injuries always constitute permanent total disability in the absence of conclusive proof to the contrary. These injuries include: 

• Loss of both hands
• Loss of both arms
• Loss of both feet
• Loss of both legs 
• Loss of both eyes

In all other cases, permanent total disability shall be determined in accordance with the facts. That means you may qualify for permanent total disability even if your injuries do not meet these criteria, depending on the specifics of your situation. 

Temporary Total Disability 

Often, the injuries longshoremen suffer on the job constitute a disability that is total but temporary. This sort of injury keeps you out of work completely for some time while you receive treatment and recuperate. While the temporary total disability continues, you will generally be paid two-thirds of your average weekly wages. 

Temporary Partial Disability 

If an injury keeps you from performing your job but still allows you to work in some capacity while you’re recovering, you might receive temporary partial disability payments. During the period of disability, you would receive compensation paid at two-thirds of your loss of earning capacity, calculated based on the difference between the average weekly wage you earned at the time of injury and what you are able to earn after the injury, while you are still recovering.

Permanent Partial Disability 

Some injuries are only partially disabling but permanent in duration. In case of a permanent partial disability, the compensation shall be two-thirds of the employee’s loss of earning capacity, based on their average weekly wages at the time of the injury and their average weekly wages following the injury.

Some such payments, awarded for permanent impairment or loss of use of specified body parts, are paid for a specified period of time in what is called “Scheduled PPD.” Compensation for permanent losses of other kinds may be awarded as “unscheduled PPD,” payable for as long as the disability continues. 

Death Benefits 

A widow, widower, or other eligible survivor may receive death benefits for a work injury that led to the longshoreman’s death. Generally, these benefits include: 

• Reasonable funeral expenses paid up to a maximum of $3,000
• 50% of the average weekly wage of the deceased employee paid to a widow or widower for life or until remarriage
• Additional compensation amounting to 16 2/3% of the employee’s average weekly wage for one or more children of the deceased employee 
• 50% of the average weekly wage of the deceased employee paid to the first child, if they are the sole survivor of the deceased 
• A maximum of 66 2/3% of the average weekly wage of the deceased employee split equally between all children entitled to benefits, if they are the sole survivors 

Getting the full amount of longshoremen injury benefits you’re entitled to affects your future. Our knowledgeable New Jersey injury lawyers for longshoremen can help you attain the maximum compensation you deserve. 

Extremity Injuries and Compensation for Disfigurement or Loss of a Body Part

Extremity injuries, which often are severe enough to result in limb loss, are such common concerns in longshore injury matters that there’s an established compensation schedule for a permanent disability involving the loss, or loss of use, of specific body parts. This compensation schedule, which is paid in addition to compensation for temporary total or partial disability, includes the following: 

• 312 weeks of compensation for a lost arm 
• 288 weeks of compensation for a lost leg 
• 244 weeks of compensation for a lost hand 
• 205 weeks of compensation for a lost foot 
• 200 weeks of compensation for loss of hearing in both ears
• 160 weeks of compensation for a lost eye 
• 75 weeks of compensation for a lost thumb
• 52 weeks of compensation for loss of hearing in one ear
• 46 weeks of compensation for a lost first finger 
• 38 weeks of compensation for a lost great toe 
• 30 weeks of compensation for a lost second finger 
• 25 weeks of compensation for a lost third finger 
• 16 weeks of compensation for a lost toe other than the great toe
• 15 weeks of compensation for a lost fourth finger 

These injuries are serious and can inflict permanent changes upon your life, so you need to get every dollar of compensation you deserve under all aspects of LHWCA benefits. Our New Jersey injury lawyers for longshoremen can help you obtain the full scope of benefits you may be entitled to under the law.

How Team Law Can Help Injured Longshoremen Get Their Full Benefits 

The Longshore and Harbor Workers’ Compensation Act program entitles injured workers to benefits, but Team Law’s longshoremen injury attorneys in Clark, NJ, aid clients in actually securing the benefits they deserve. 

On their own, injured workers can find the claims process prohibitively difficult, adding unnecessary stress to their road to recovery while often dragging out the procedures of getting compensation. Fortunately, you don’t have to go through this alone. Our longshoremen injury attorneys in Clark, NJ, are here to help. 

Thorough LHWCA Case Preparation 

Our experienced attorneys take charge of your case, ensuring every aspect of the workplace accident and the full extent of your injuries and treatment are documented. Extensively documenting all of the facts of your LHWCA case is essential for making your claim a success. 

Assistance for Every Obstacle 

In any case that involves complex work injury matters, the potential exists for challenges like insurers or employers disputing or denying claims. With us on your side, you’ll never have to stress over the obstacles that could arise. Not only does our approach to your case typically make the process go more smoothly, but we’re prepared to confront these issues in the event that they do arise. 

Why Choose Team Law as Your New Jersey Injury Lawyers for Longshoremen

What makes Team Law’s longshoremen injury attorneys in Clark, NJ, stand out? 

• Experience: Over our 60+ years of legal practice, our team has cultivated extensive experience handling LHWCA cases.
• A commitment to securing results: We will aggressively seek the maximum amount of compensation you are entitled to.
• Legal representation at no upfront cost: In addition to receiving a free initial consultation, you’ll pay nothing upfront to have Team Law representing you in a longshoreman work injury claim. 

When dealing with a longshoreman work injury, you need someone to turn to for guidance, legal advice, and reassurance. Team Law is here for you. 

Contact the New Jersey Injury Lawyers for Longshoremen at Team Law Today for a Free Consultation

Don’t attempt the aggravating process of securing financial benefits after a longshoreman work injury on your own. Approach your claim with the confidence that having professional legal guidance provides. 

For help from skilled longshoremen injury attorneys in Clark, NJ, contact Team Law online or call us today.

Frequently Asked Questions About Longshoremen Injury Claims in New Jersey