The right to compensation for disability or death is barred unless a claim therefore is filed within one year after the injury or death. 33 U.S.C. § 913.
If payment of compensation (such as a payment for medical treatment) has been made, a claim may be filed within one year after the date of the last payment. The time for filing a claim shall not begin to run until the employee or beneficiary is aware, or by the exercise of reasonable diligence should have been aware, of the relationship between the injury or death and the employment.
In an occupational exposure or repetitive use claim the claimant has up to two years from when he becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have been aware, of the relationship between the employment, the disease, and the death or disability. 33 U.S.C. § 913(c).
We defend employers and carriers in workers’ compensation claims arising under the Longshore and Harbor Workers’ Compensation Act in litigation before the U.S. Department of Labor and the U.S. Office of Administrative Law Judges.
We analyze whether Longshore jurisdiction applies, defend claims, and pursue lien recovery. Contact us.
This is the 2023 edition of Gregory Lois’ Handbook for defending Longshore and Defense Base Act claims. This “Go To” Handbook covers the basics of the Longshore and Harbor Workers’ Compensation Act with references to the LHWCA, practical tips for defending claims brought under the Act, and review of recent relevant case law. This 2023 edition contains references to the latest rate and benefit information.
We represent insurance carriers, self-insured employers, third party claim administrators, and employers before the New York State Workers' Compensation Board. We handle cases from cradle-to-grave. We want to be by your side, moving cases aggressively to closure from the start of litigation all the way through to settlement.
We only assign one attorney and one paralegal to each case. This means that your team members always have one contact to go to for any questions. We do not have 'hearing attorney' or a 'negotiation attorney' or 'appeal department' or anything else! All of our attorneys handle all of those roles – meaning cases are not 'passed around' as they move through the litigation process. Your risk professional or adjuster always knows who is assigned – because the attorney does not change.
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