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San Diego Longshore Lawyers I San Diego Longshore Attorneys

We are San Diego Longshore Act Lawyers.  We have been handling Longshore Act cases since the 1980's. We can help you prevail in your Longshore case. The Longshore Act is very different from State of California workers' compensation law.  You need a Lawyer that specializes in Longshore cases.  We are California's Leading Longshore Attorneys and San Diego's Leading Longshore Lawyers. 

619-234-2833 or toll free at 866-963-0540.

This is what others say about us:

Awarded Super Lawyer 2011

Highest Rated San Diego Longshore Lawyer / Maritime Lawyer by Avvo.com

Invited to Speak on the Longshore Act at 2011 Maritime Personal Injury Seminar

New York Times Top Lawyer 2011

Elected President of the Consumer Attorneys of San Diego

How Our Qualifications Benefit You

The benefit to you is that you know that you are getting the very best Longshore lawyer for your Longshore injury case. You can rest assured that your attorney will stand up for you against the Longshore insurance adjuster and their attorneys.  We understand that you and your family's future may be riding on your Longshore case.  We can help you get your life back.

619-234-2833 or toll free at 866-963-0540.

The Longshore Act

The Longshore and Harbor Workers' Compensation Act (LHWCA) is a Federal law that requires maritime employers to provide workers’ compensation insurance coverage for employment-injury and occupational-disease for workers who are injured or contract occupational diseases occurring on the navigable waters of the United States, or in adjoining areas, and for certain other classes of workers covered by extensions of this Act.

In most cases in California, maritime workers whose work-injuries are covered under the LHWCA also qualify for coverage under State law at the same time.  Although the benefits structure is similar between the two systems, in some cases, the amount of workers’ compensation benefits under the LHWCA is greater than that under the State system and injured workers are allowed to choose the larger benefit.  

While duplicate benefits are not allowed, injured workers are allowed to pick and choose the greater benefit from either the Federal system or the State system when both jurisdictions apply to a single workers’ compensation claim.  This dual jurisdiction can be used to great advantage for the injured worker.

In order for a work-injury to qualify for coverage under the LHWCA the injury must have happened at a covered job, you must be a covered employee, and the employer must be a covered maritime employer.

A job site covered by the LHWCA must meet the definition of “situs.”  This includes:

•     Navigable waters of the United States;
•     Adjoining pier;
•     Wharf;
•     Dry dock;
•     Terminal;
•     Building way;
•     Marine railway; or
•     Other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling or building a vessel.

A covered employee must meet the definition of “status.”  This includes:

•     Longshoremen or anyone engaged in longshoring operations;
•     Stevedores;
  
•     Winch operators;
•     Hold men;
•     Clerks and checkers;
•     Dock men;
•     Forklift operators;
•     Warehousemen performing any tasks related to longshoring operations;
•     Harbor workers;
•     Ship repairmen;
•     Shipbuilders;
•     Ship-breakers;
•     Pile-drivers and any workers constructing piers, wharves, sewer outfalls, or any facility used as an aid to navigation or maritime commerce.

A qualifying maritime employer is one that falls under the broad definition of any employer whose employees are employed in maritime employment.

The LHWCA also specifically excludes certain workers from coverage.  These include:

•     An officer or employee of the United States or any of its agencies;
•     An employee of any State;
•     An employee of any municipality;
•     An agent of any foreign government;
•     An employee whose injury is caused solely by his own intoxication;
•     An employee whose injury occurs solely as a result of his attempt to injure or kill himself or another;
•     Office clerical workers covered under State law;
•     Personnel for a club, camp, recreational operation, restaurant, museum, or retail outlet covered under State law;
•     Marina personnel covered under State law;
•     Personnel for suppliers, transporters, or vendors temporarily doing business on the premises of the maritime employer who do not normally do the type of work performed by the employees of the maritime employer and are covered under State law;
•     Aquaculture workers involved in commercial cultivation and harvest of aquatic plants and animals covered under State law;
•     Personnel involved in the construction, repair, or dismantling of any recreational vessel under sixty-five feet in length who are covered under State law;
•     A master or member of a crew of any vessel;
•     Anyone engaged by a master to load, unload, or repair any small vessel under eighteen tons net.

San Diego Longshore Attorney I San Diego Longshore Lawyer I

We help you get the medical treatment and weekly benefits you are deserve. We can help you get your life back.

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619-234-2833

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(619) 234-2833