Longshore Accidents

Were you injured in a Longshore Accident?  The Department of Labor is the governmental authority regarding Longhshore Accidents.  Has your employer fired you due to your injury? Are you receiving your worker's compensation check?  Are you receiving the medical care that you need?  Is the insurance company paying you for your mileage?  Did you know that you may be entitled to a settlement after the doctor releases you?  Please call or email Jay Foster and he will be happy to discuss your case with you.  Of course, there is no charge for calling Jay Foster.

The Longshore statutes are designed to help injured workers get by if the worst should happen. The Department of Labor oversees the laws and regulations that govern the responsibilities of an employer if an employee is injured on the job.  These laws put the onus of taking care of an injured employee squarely on the employer.  But “getting by” can have many different interpretations.  Often in cases of the working injured of Mississippi, “getting by” often means a serious decline in their standards of living.

For example, the most an employer is required to pay an injured worker per week in most cases is sixty-six and two-thirds of their average weekly age.  For a single breadwinner with a wife and two children, this may not be enough to cover the mortgage and make your car payments.

It is hard to put a price on pain, but the Department of Labor has endeavored to do so for many injuries that occur on the job. Many argue that the compensation the Department of Labor recommends is outdated and unrealistic for many types of injuries, especially if the injury may inhibit the injured worker from ever approaching his/her peak earning power again.  For example, suppose you are a Longshore worker and you lose your right arm in an accident that was not your fault.  Now, you can no longer work as a Longshore worker and you have a serious, permanent injury due to your work injury.  Yet, the Department of Labor may limit the number of weeks that you are entitled to recover for the injury to just Nevertheless, if you’ve had a significant injury on the job that has resulted in permanent partial disability, you may be limited in what you can recover.

Jay Foster can help you navigate the incredibly complex and difficult Longshore and Harbor Worker's Compensation Act waters.

When you consider that many of these injuries will most certainly affect not only the injured workers’ ability to earn a comfortable living, but also the quality and enjoyment of life that worker will lose, the amount an injured worker receives can seem paltry.  Those figures seem unfair and unjust, and often leave an injured worker with a lack of faith in a system that stamps such cheap estimates on the value of his or her quality of life.  But if injured workers think the Longshore figures are unfair, then they’ll think even less of their employers and insurance companies, who are ultimately responsible for paying an injured worker for the injury.

Of course, despite the maximum amounts an injured Longshore worker should receive, whenever possible, insurance companies look for ways to keep payouts extremely low.  To accomplish this, they will challenge the validity of an injured workers claim, even in the most obvious cases of employer neglect and dereliction.  “You’re lucky to be getting anything at all” is the general attitude you’ll encounter when dealing with hostile insurance companies, who bar no holds in their never ending quest to keep payouts minimal.  They will resist, insist, intimidate and aggravate until (hopefully) the injured worker acquiesces and takes the bare minimum settlement. It’s nothing personal.  Wearing down an injury victim is simply more cost-efficient than paying them what he or she will truly need and deserve.

Self-insured Employers: acting in their own self-interests

In Mississippi, employers can either obtain workers compensation coverage from a third-party insurance company, or they can become a self-insured company.  While it can be expensive, many employers prefer the self-insured option because it gives them more negotiating power over their employees’ compensation in the event of a workplace accident.  Many employers also figure that because they provide workplaces that have a low risk of injury, they are saving money by avoiding the high premiums in workers compensation that insurance companies often charge.

But then an accident occurs and an injury results, leaving the injured worker’s fate largely at the discretion of his employer.  While appeals to the Department of Labor regarding injury claims against self-insured employers can be made, the process is extensive and lengthy without the aid and guidance of an experienced attorney.

Jay Foster believes it is the responsibility of Mississippi employers to provide a safe and secure environment for their employees.  He knows that there are many ways employers and insurance companies attempt to circumvent workers compensation laws, and he knows that injured workers in Mississippi need legal support today more than ever before.  If you’ve been injured on the job, or lost a loved one due to a workplace accident protect yourself from further insults to your injury.  Contact Jay Foster today or as Jay's son, J.R., says, "Call My Daddy Now."

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Library for Longshore Accidents:

• Longshore Employee Claim for Compensation [PDF]   
  Description: Longshore Accidents, Employee's Claim for Compensation
• Request for Examination or Treatment - Longshore Accidents [PDF]   
  Description: Request for Examination or Treatment Longshore Accidents
• Prehearing Statement - Longshore Accidents [PDF]   
  Description: Prehearing Statement - Longshore Accidents
• Employees Claim for Compensation - Longshore Accidents [PDF]   
  Description: Employees Claim for Compensation - Longshore Accidents
• Attending Physicians Supplementary Report - Longshore Accidents [PDF]   
  Description: Attending Physicians Supplementary Report - Longshore Accidents