Savannah and Charleston Longshoreman Injury Attorneys
Longshore and Harbor Workers Compensation Act
In many instances, land-based maritime workers injured at work, such as longshoremen, dock workers, and shipyard workers are covered by the Longshore and Harborworkers’ Compensation Act, 33 U.S.C. Sec. 901, et seq. (LHWCA).
The rights and remedies under the LHWCA are very different from rights and remedies under the Jones Act and General Maritime Law.
Issues that frequently arise under the LHWCA include:
- Whether a compensable “accident” occurred at all
- If so, the nature, extent, and proper treatment of the injuries
- Whether a permanent restriction has resulted at the end of medical treatment
- Whether the employee can return to his or her regular occupation
- Residual wage-earning capacity after the employee reaches Maximum Medical Improvement (MMI)
As such, many of the litigated issues under the LHWCA are directly related to the medical evidence generated every time the worker visits the doctor, has a diagnostic film taken, or speaks to a physical therapist.
Federal law mandates injured workers under the LHWCA have the right to be treated by a physician of their choosing. 33 U.S.C. 907(b). This is just one of many differences between the LHWCA and many state workers compensation laws.
A worker’s quick agreement to take the insurance adjuster’s advice and “just go and see our doctor” binds the worker to that choice and decreases the worker’s chances for fair compensation in some cases.
In other cases, the insurance adjusters or company safety managers may require the employee’s signature on a document in which the employee agrees that the insurance company’s choice of physician is his or her official choice of physician.
Find out more about whom your doctor will be before making a final decision.
Contact us to discuss your right to choose your own physician. At Raley & Raley, our maritime personal injury law attorneys work with clients in the coastal area of Georgia and South Carolina.
