Sarasota Longshoreman Injury Lawyer
Many workers in the Sarasota, Florida area have jobs that require them to work on or near the water. When a workplace injury happens, a maritime job can make obtaining compensation more complicated. Generally speaking, people who work in maritime jobs, or jobs that are on the water, will not be eligible to file a claim through the Florida workers’ compensation system. Some of those employees may be able to file a lawsuit under the Jones Act, but longshoremen can be excluded from both options. This is where the Longshore and Harbor Workers’ Compensation Act (LHWCA) may come in.
If you are a longshoreman—and that term includes many different types of work on or around the water—and you got hurt at work, you could be eligible for compensation by filing an LHWCA claim. You should speak with a Sarasota longshoreman injury lawyer as soon as you can to get started on the process of seeking compensation.
Learning More About How the Longshore and Harbor Workers’ Compensation Act Applies to Sarasota Workers
The LHWCA is a federal law, and it “provides for the payment of compensation, medical care, and vocational rehabilitation services to employees disabled from on the job injuries that occur on the navigable waters of the United States, or in adjoining areas customarily used in the loading, unloading, repairing, or building of a vessel.”
A “longshoreman,” to be clear, is a term that applies to people in many different related maritime jobs, including longshore workers, ship repairers, ship builders, ship breakers, and even harbor construction workers.
Exclusions in Sarasota Under the LHWCA
While a variety of maritime workers are covered by the LHWCA, it is important to know that there are specific workers who are excluded:
- Seamen, who are defined as “masters or members of a crew of any vessel”;
- S. government employees, including federal and state employees;
- Employees of a foreign government;
- Employees who got hurt as a result of their own intoxication; and
- Employees who got hurt because of “their own willful intention to harm themselves or others.”
Other employees who are covered by Florida workers’ compensation also may be excluded. It is important to speak with an attorney about your particular situation.
Reporting an Injury in Sarasota Under the LHWCA
Under the LHWCA, an injured worker must notify his or her employer as soon as possible. That injured worker also must provide a written notice of the injury to the employer within 30 days, or else the worker may be ineligible for compensation under the LHWCA.
Contact a Longshoreman Injury Attorney in Sarasota
If you were injured at work and you are not covered by the Florida workers’ compensation system because your work is maritime-related, you may be eligible to seek compensation under the Longshore and Harbor Workers’ Compensation Act. One of the aggressive Sarasota longshoreman injury lawyers at our firm can speak with you about your options for obtaining compensation for lost wages, medical care, and other services. Contact Barbas Nuñez Sanders Butler & Hovsepian to get started on your claim.