Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com.

The Longshore and Harbor Workers’ Compensation Act (LHWCA), is a federal law that 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.  The LHWCA further provides for payment of survivor benefits to dependents if the work-injury causes, or contributes to the employee’s death.  Any benefits are typically paid by the self-insured employer or by a private insurance company on the employer’s behalf.  Under the LHWCA, the term, “injury,” includes occupational diseases, hearing loss and illnesses arising out of employment.

Under the LHWCA, an occupational disease is an illness or medical condition which develops as a result of exposure to harmful conditions or substances in the workplace. Occupational diseases may be caused by exposure to harmful substances resulting in conditions such as pulmonary diseases: asbestosis and mesothelioma (which results from asbestos exposure); auto-immune diseases; skin diseases; or asthma (which may result from exposure to chemicals or other elements involved in industrial processes).  Many occupational diseases and conditions have a long latency period and do not become apparent until considerable time elapses after the workplace exposure has occurred.

If an employee covered under LHWCA believes that he or she has developed an occupational disease, the first step that the employee must take is to notify his or her employer.  The employee should then be seen by a medical professional regarding the injury or illness.  Once an employee suspects that he or she is disabled by an occupational disease, or if a doctor informs the employee that he or she needs treatment for a medical condition which may have been caused by the employee’s employment, the employee has two (2) years to file a claim.  The two (2) years begin to run from the date the employee first becomes aware of the relationship between the occupational disease, the disability, and his or her employment.

As Connecticut is home to many shipping companies and some of the busiest harbors in the northeast, both employers and employees should be aware of the benefits provided by the LHWCA to covered and eligible employees, and the time limitations on obtaining benefits for the health and welfare of those employees.

If you are an employer or an employee and are seeking information regarding the LHWCA, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.

Source: dol.gov