A longshore injury can turn life upside down. Lost wages, medical bills and an uncertain future can follow. The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides important benefits, but common mistakes can reduce or delay them. Knowing these common mistakes can help protect a claim and the benefits needed during recovery.
Missing a deadline can put benefits at risk
Missing a deadline can weaken an LHWCA injury claim. The law generally requires written injury notice within 30 days, and delays may give insurers a chance to challenge the claim. Early action also helps protect key evidence, such as witness accounts, reports and medical records. Prompt reporting and preserving evidence can strengthen a claim and reduce disputes later in the process.
Medical decisions that can affect an LHWCA claim
Medical choices can affect the outcome of an LHWCA claim. The right doctor and clear medical records help show the true effect of an injury. Missing doctor visits, stopping treatment or returning to work too soon may give insurers a reason to reduce benefits. An experienced attorney can help protect the claim and make sure the injury and its impact are fully recognized.
Financial mistakes that can reduce compensation payments
A wrong wage calculation can cost an injured longshore worker valuable benefits. Under the LHWCA, disability payments are tied to the worker’s Average Weekly Wage (AWW). A lower AWW means lower weekly compensation.
Common mistakes that can reduce benefits include:
- Using the wrong wage amount: The AWW should show the worker’s real earnings before the injury. The correct method may depend on the worker’s job history and work pattern.
- Leaving out key income sources: Some wage calculations may miss overtime pay, shift differentials, bonuses and other maritime earnings that reflect the worker’s actual earnings before the injury.
- Accepting the insurer’s calculation without checking: Even a small AWW error can reduce weekly payments and lead to major losses over time.
A correct AWW calculation helps ensure fair compensation under the LHWCA. Careful review of wage records can prevent payment errors that may affect financial security during recovery.
Protecting the future after an injury
A longshore injury can affect far more than a worker’s health. The choices made in the days that follow can shape the claim and the benefits available. Experienced legal guidance can help protect those rights and support a stronger path forward.