Trusted San Diego Attorney For Your Longshore And Harbor Workers’ Compensation Act Claim
The maritime industry is the backbone of the Southern California economy. Every day, thousands of men and women work in high-risk environments across San Diego’s docks and shipyards. While this work is essential, it is also incredibly dangerous. When a maritime injury occurs, state workers’ compensation may not cover you. Instead, you likely fall under the Longshore and Harbor Workers’ Compensation Act (LHWCA).
At Overholt & Cremeans, APC, we understand the challenges unique to those who work on or near the water. As your attorney team, we help you manage the federal system to secure your future. Whether you are a terminal worker, a shipbuilder or a ship repairman, we are here to help ensure you receive every dollar of the benefits you earned.
Who Does The LHWCA Protect?
The LHWCA is a federal workers’ compensation program. It specifically covers maritime employees who work upon the navigable waters of the United States. This also includes adjoining areas used for loading, unloading, repairing or building vessels.
Our attorneys represent a wide range of professionals, including:
- Longshoremen and harbor workers
- Shipbuilders and ship repairmen
- Shipbreakers and vessel scrappers
- Terminal workers and marine construction workers
If you were hurt on a pier, wharf, dry dock or terminal, your claim falls under federal jurisdiction. We have deep experience with the Department of Labor (DOL) claims process, as well as the Office of Workers’ Compensation Programs (OWCP). We work at your side to keep your filing accurate and timely.
Common Injuries And The Hazards Of The Waterfront
A shipyard accident or a port injury claim often involves severe, life-altering trauma. The heavy machinery and unstable environment of the San Diego waterfront create constant risks. We frequently help clients who have suffered from:
- Crushing injuries from shipping containers or forklifts
- Falls from ladders, scaffolding or high docks
- Repetitive stress injuries from heavy lifting
- Toxic exposure to chemicals or asbestos in shipyards
- Hearing loss due to constant industrial noise
These injuries often lead to significant time away from work. Our goal is to secure the medical benefits and wage replacement you need to focus on your physical recovery.
Benefits Available Under Federal Law
The LHWCA provides a strong safety net, but the insurance companies often try to limit what you receive. We fight to help you secure various forms of relief, including:
- Medical benefits: Coverage for all necessary medical care related to your maritime injury
- Temporary total disability: Payments while you are completely unable to work during your recovery
- Permanent partial disability: Compensation if your injury results in a lasting physical impairment
- Vocational rehabilitation: Training for a new career if you can no longer return to your previous maritime role
In many cases, we can negotiate lump-sum settlements that provide long-term security. If the OWCP or your employer denies your benefits, we handle the appeals process to protect your rights.
Frequently Asked Questions About LHWCA Claims
The LHWCA claims process is often complicated and confusing. We have gathered these common questions to help you understand the specific federal rules that apply to your situation.
Who qualifies for benefits under the Longshore and Harbor Workers’ Compensation Act in California?
To qualify, you must meet a status and situs test. This means your job duties must be maritime in nature, such as loading, unloading or repairing vessels. Your injury must also happen on or adjacent to navigable waters. While longshoremen and shipyard accident victims clearly qualify, federal law often excludes clerical workers, security guards and small-boat mechanics (vessels under 65 feet) if they are already covered by California state law.
What benefits can I receive for a dock or shipyard injury under the LHWCA?
Beyond standard medical care, the LHWCA offers unique advantages over state workers’ comp, such as the right to choose your own physician. You can also receive scheduled awards for permanent partial disability. This provides a specific number of weeks of pay for injuries to limbs, fingers or hearing loss, regardless of your ability to return to work. If your injury prevents you from returning to the docks entirely, we can pursue vocational rehabilitation to help you retrain for a new career at no cost to you.
How long do I have to file an LHWCA claim after a workplace injury in San Diego?
While you must notify your employer within 30 days, the one-year deadline to file a formal claim with the OWCP has important exceptions. If you suffer from an occupational disease that develops slowly – such as hearing loss or illness from toxic exposure – you actually have two years to file from the date you become aware of the condition. Because these timelines are strict and depend on when you knew, or should have known, about the injury, we recommend speaking with a lawyer immediately to protect your right to settlements.
Contact Our San Diego Maritime Injury Lawyers Today
Do not let a shipyard accident derail your life. At Overholt & Cremeans, APC, we provide the skilled representation you need to take on federal agencies and insurance companies. We are proud to serve the hardworking people of the San Diego waterfront.
Call 619-908-1563 or contact us online to schedule your free consultation. We work on a contingency basis, so you pay nothing unless we win your case.