Van Riper & Nies Attorneys, P.A.
Florida Longshore Lawyers

Longshore Benefits

Timothy Nies

Christian Van Riper

"We work hard to provide you with solutions to your problems..."

Our attorneys are known for leaving no stone unturned when representing our clients in Longshore claims.

Longshoremen covered under the
 Longshore & Harbor Workers Compensation Act (“Longshore Act”) are entitled to reasonable and necessary medical treatment, supplies and services related to the injury, as well as reimbursement of travel costs related to the treatment.

Under the Longshore Act, a covered employee has a right to treat with a doctor of his choice and does not have to choose from a limited list provided by an insurance carrier's adjuster. If the insurance company’s nurse case manager advises you that he/she cannot find a doctor who will treat you other than one they recommend, it is time to seek the help of a Florida Longshore attorney.

Amount and Duration of Compensation Under the Longshore Act:

Under the Act, you are entitled to receive temporary total disability (TTD) benefits if you are unable to perform your usual occupation for what is anticipated will be a limited period of time. If you are temporarily totally disabled, you will be paid weekly benefits equal to two-thirds of your average weekly wage subject to minimum or maximum compensation rates. The maximum and minimum compensation rates are set on October 1 of each year. The maximum compensation rate as of October 1, 2011 is $1,510.76 per week. 

Temporary Partial Disability Benefits (TPD):

You are considered to be temporarily partially disabled when you are only partially disabled to perform any type of work for a limited time period. Under TPD, you may be able to return to your original job part-time or to a lesser paying position. Your employer may also send you notification that you must look for modified work outside of the workplace. If you are partially disabled, you are entitled to receive weekly benefits equal to 2/3 of the difference between your average weekly wage and your "earning power" -- the amount you are earning if you have returned to the workforce, or the amount that it is determined that you should be able to earn. Temporary partial disability benefits can continue for up to 5 years. 

Permanent and Total Disability Benefits (PTD):

You are considered permanent and totally disabled when you are unable to perform any type of employment for an indefinite period of time. You are entitled to a cost of living adjustment not to exceed 5% per year while you are on permanent total disability. The cost of living adjustment to permanent and total disability benefit recipients is set on October 1 of each year by the Department of Labor.

Permanent Partial Disability Benefits (PPD):

You are considered permanently partially disabled (PPD) when you are partially disabled from performing any type of work for an indefinite period of time. In such a situation, your injury does not prevent you from performing some type of suitable alternative employment consistent with your functional capacity. Vocation services, including retraining and placement, are provided by the Department of Labor. Compensation for permanent partial disability is payable either on the basis of a scheduled award (see below) or a loss of earning capacity, depending on the anatomical parts of your body disabled by the work injury.

Specific Loss or “Scheduled” Benefits:

The Act provides for limited term payments in cases where an employee suffers a permanent loss of use of parts of the body listed in the Act.  A scheduled award can be paid even if you return to your pre-injury employment. A scheduled award may consist of the permanent loss or loss of use of certain limbs or bodily functions, including vision and hearing. Calculation of the percentage of your loss of use is usually prepared by a doctor in consultation with the current edition of the American Medical Association (AMA) Guide to Permanent Impairment. Disfigurements of the head, neck, face, or other exposed areas are also considered specific losses. If you have a specific loss, you are entitled to compensation in the amount of 2/3 of your average weekly wage for the number of weeks set forth in the following chart: 

Scheduled Award - Weeks of Compensation 

Hand ............................... 244 weeks 

Arm ................................ 312 weeks 

Foot ............................... 205 weeks 

Leg ................................ 288 weeks 

Eye ................................ 160 weeks 

Thumb .….......................75 weeks 

Index Finger .................. 46 weeks 

Middle Finger ............... 30 weeks 

Ring Finger ....................15 weeks 

Little Finger ...................15 weeks 

Great Toe ......…............ 38 weeks 

Other Toes ......….......... 16 weeks 

Hearing Loss-Both Ears. 200 weeks 

Hearing Loss-One Ear… 52 weeks 

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Florida Longshore and Harbor Workers' Compensation Act Lawyers: Van Riper and Nies Attorneys, P.A.  Maritime attorneys experienced  in Longshore claims. Our maritime and longshore and harborworkers compensation act attorneys are experienced in representing injured  port, dock and harbor workers who were hurt while unloading cargo and container ships in Florida, including Broward County, Palm Beach County, Martin County, St. Lucie County, Okeechobee County. Our Longshore attorneys represent longshoremen in Pompano Beach, Fort Lauderdale, Miami, Port St. Lucie, Fort Pierce, Vero Beach, Jacksonville, and Tampa, FL. Maritime injury lawyers in Pompano Beach, FL.

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Our  longshore injury attorneys stand ready to assist all workers injured on Florida piers, wharfs and ports. Our Florida Longshore and Harbor Workers Compensation Act lawyers represent injured workers in Fort Lauderdale, Port Everglades, Jacksonville, Tampa, Ft. Lauderdale, Port Canaveral, Miami, Fort Myers, Pensacola, Miami, North Miami, Jacksonville, Key West, Sunrise, Miami Beach, Key Largo, Fort Lauderdale, Pompano Beach, Hollywood, Cocoa Beach, Orlando, and all of Florida.  Defense Base Act Trial Attorneys: Defense Base Act Lawyers.  

If you have been injured while working at a Florida port unloading or loading ships, repairing ships, or working on vessels or container ships, call our lawyers for a free consultation. Our maritime trial attorneys are experienced in handling cases involving , cervical injuries, back injuries, herniated disks, shoulder injuries, torn rotator cuffs, wrongful death, crushed and broken bones, head injuries, foot injuries, hearing problems, knee injuries, brain injuries and all other types of serious injuries.  Stuart Florida Auto Accident Lawyers: Van Riper and Nies Attorneys

Our FL longshore lawyers inare experienced in litigating claims before the DOL. If you have been injured while working at a port or a shipyard, our workers compensation lawyers can assist you with filing your DOL claim. Longshore and Harborworkers’ Compensation Act litigators in Florida represent clients injured while loading or unloading container ships at Florida’s ports, including Port Everglades and Port Canaveral, FL. Shipbuilding injury lawyers in Stuart, FL. 

Our maritime lawyers litigate Longshore cases on behalf of client who reside in Jacksonville, Miami, Broward, Palm Beach, Hillsborough, Duval, Collier, Brevard, Miami-Dade, and all Florida counties.  Unlike most workers compensation statutes, the Longshore and Harbor Workers' Act allows the attorney who successfully prosecutes a claim on behalf of an injured harbor worker, longshoreman, stevedore, etc. to assess attorney fees and costs against the Employer, in addition to the benefits owed to the injured worker. Lawyers who represent injured workers under the Longshore and Harborworkers Act do not claim a percentage of the benefits paid to their clients. 

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