Harbor/Shipyard Worker’ Compensation Act

WHO IS COVERED

The Harbor/Shipyard Worker’s Compensation Act was enacted in order to provide compensation to injured workers or their dependents for disability or death due to an injury occurring over or adjoining the navigable waters of the United States. This Act also applies to plant and refinery workers who assist in loading and unloading products on the Houston Ship Channel, shipbuilding workers, and other waterfront areas. The Act provides that the employer must pay for medical care required for his employee’s injury, for disability compensation benefits and for vocational rehabilitation training. In the event of death caused by an injury, benefits include payment for reasonable funeral expenses and compensation payments to eligible surviving heirs. Although the Act does not provide for compensation for non-economic losses, such as pain and suffering or mental anguish, compensation is payable regardless of whether an employer was “negligent” or “at fault” in causing a worker’s injuries. Under the law, you must give your Employer notice of your injury within 30 days and it is better if you do it in writing. Your compensation for lost time from work is payable after the fourth day after your injury. If you are off work more than 14 days, compensation will be paid back to the date you were injured.

MEDICAL BENEFITS

Your employer is responsible for paying all reasonable and necessary hospital, surgical, and medical expenses that you incur as the result of your work-related injury or illness. There are no restrictions on the length of time or the amount of medical benefits to be paid as long as the need for medical treatment can be substantiated and related to the work-related injury or illness.

Additionally, any parking fees you incur will be reimbursed if you provide proper documentation and receipt. The mileage reimbursement is something that the Claimant has to specifically request from the insurance Carrier and frequently must be documented on a specific form supplied by the Carrier. Please make sure that you contact our office or your Adjuster regarding this process.

If you are having difficulty receiving authorization for your medical care, testing, or medical appliances from the insurance Carrier, you need to contact the Department of Labor and/or a lawyer to immediately assist you in securing these benefits.

CHOICE OF PHYSICIAN

Your employer is responsible for authorizing medical services for you after you give notice of your injury. You are permitted one free choice of physician to treat your injuries. After that, no change may be made without the consent of your Employer/Carrier or the United States Department of Labor. If the doctor you choose is a general practitioner, and you later need a specialist, another choice will generally be granted. Frequently, your treating physician will want to refer you to a specialty physician, however, you have the right to choose a specialty physician of your own liking, and I would encourage you to do so. The choice of a treating physician is probably the most important factor involved in your injury and claim for benefits. The treating physician is not only the one that will provide you the medical care to recover from your injuries, he/she will determine your work status and length of recovery time. Additionally, he/she will determine your impairment rating and establish the permanent physical restrictions involved with your injuries, which will directly determine the value of your claim and potential settlement. If you need assistance in choosing a quality treating physician call for a free list of expertly quality physicians: (713) 623-8999; (800) 471-8999.

For a complete explanation of your rights and benefits please click on our rights of injured workers booklet and contact a vessel repair injury lawyer.

Injured Workers Checklist