If you have been injured as a longshoreman or in a job where a significant part of your duties are related to maritime activity, you may be able to pursue benefits under the federal Longshore and Harbor Workers’ Compensation Act. You may also be eligible for compensation under state programs. You cannot, however, collect double benefits for an injury. Typically, if you file a federal claim first, any benefits to which you may be entitled under state workers’ compensation laws will be offset. Likewise, the federal statute requires that any state benefits already received be taken into consideration when eligibility for federal benefits is determined.
The Benefits of the LHWCA
Most state workers’ compensation laws cap out at 60% of your average weekly wage (AWW) for the last 52 weeks. Under the LHWCA, you are entitled to receive up to two-thirds (66.67%) of your last year’s AWW. In addition, most state workers’ compensation programs do not allow claimants to obtain permanent partial disability benefits, but establish a fixed period of time during which benefits will be paid. Under the LHWCA, you can receive an award of benefits for:
- Temporary partial disability
- Permanent partial disability
- Temporary total disability
- Permanent total disability
If your treating physician determines that you will not be able to return to the job you had, you have a right to pursue vocational rehab benefits under the LHWCA. You can also expect reimbursement of all “reasonable and/or necessary medical” expenses, including mileage and transportation costs.
Contact Uliase & Uliase
For an appointment with an experienced New Jersey federal workers’ compensation lawyer, contact us online or call our office at (856) 310-9002. We meet with clients weekdays between 9 a.m. and 5 p.m. We offer a free consultation for injured workers.
