Welcome to Birnberg & Associates' page dedicated to our
representation of the Longshore and Harbor Workers.
Below you will find links and documents pertaining to our
representation of Longshore and Harbor Workers.
New Client Introduction
Client sign up forms.
Click Here
Milage Reimbursment
.
Click Here
Last Responsible Employer (aggravated injury)
Click Here
Pacific Maritime Asso Earinings Report
Request
Click
Here
HIPAA Compliant Authorization for Release
of Medical Information
Click
Here
Longshore Interview Sheet
Click Here
Hearing Loss
Click Here
Retainer
Click Here
Letter of Representation
Click Here
THINGS YOU NEED TO KNOW ABOUT BEING INJURED ON THE JOB
Disability Compensation is paid every two weeks during an employee's total disability because of a work related injury. Disability means inability to earn the same wages earned at the time of injury. Compensation is payable for disabilities that are permanent total, temporary total, permanent partial, or temporary partial.
The Purpose of the Longshore and Harbor Workers' Compensation Act (33 USC 901 at. esq.) Office of Workers Compensation Programs (OWCP) is to provide medical care to employees disabled from injuries that occur on navigable waters of The United States, or in adjoining areas customarily used in loading, unloading, repairing or building a vessel. The act also offers benefits to dependents if the injury. These benefits are paid by an insurance company or by an Employer who is authorized by the OWCP .The term “injury” includes occupational disease arising out of employment.
CHOOSING A DOCTOR
The employee may obtain medical treatment from a physician of his or her choice, or as designated by the OWCP. However, once you choose a physician, you cannot change that physician without the approval of the Employer or recommendation of OWCP. Therefore you must choose wisely. For instance if you have an HMO such as Kaiser Permanente and you wish to change to a private physician, you will have a problem and cannot do so unless you obtain approval. This is difficult to do, as you must show inadequate treatment or some good reason. So choose wisely on the way to the hospital or emergency in those initial days after the accident.
WHAT TO DO IF YOU ARE INJURED
• NOTIFY your employer immediately and ask for a Form LS-1, which authorizes treatment by a doctor of your choice and OBTAIN medical treatment as soon as possible.
• GIVE written notice of your injury within 30 days to your employer on Form LS- 201. Notice of death must also be given within 30 days. Contact Birnberg & Associates for additional information regarding these types of claims.
• FILE a written claim for compensation within one year after injury if full compensation and medical care have not been provided.
DID SOMEONE OTHER THAN YOUR EMPLOYER CAUSE THE ACCIDENT?
Sometimes someone other than your employer may have caused the accident. In that case you may have a cause of action in a civil court against the ship, the manufacturer of the product or someone else. 1 . Take photos or have someone else do so -as you may have to prove the cause of the accident later such as oil on the deck which is rapidly cleaned up by the negligent parties. 2. Obtain witness names you will want to have corroborating evidence to show that you are telling the truth and you can prove your case. Note chassis and container numbers and name of the ship. |
