Can I Sue a Third Party, if I Collect Longshoreman’s Workers Comp?
Los Angeles Lawyers Answer Longshoreman Benefits Questions:
Can I Sue a Third Party, if I Collect Longshoreman’s Workers Comp?
Receiving longshoreman’s benefits does not prohibit you from hiring a lawyer to file a lawsuit against a third party whose negligence may have contributed to your injuries. However, there is a very limited time period for filing a third party negligence case, if you also are (or will be) pursuing Longshoreman’s Workers Compensation benefits.
Timing of Filing a Third Party Longshoreman Negligence Case
An injured Longshoreman (or his or her lawyer) must file a third party lawsuit against a negligent party within six months of accepting his or her Longshore workers compensation award.
If the injured longshoreman waits longer than six months, the right to pursue the third party negligence claim is transferred to the injured dock worker’s employer. The longshoreman’s employer then has ninety days to bring the third party action. If the employer’s lawyer does not file the case during this ninety day period, then the right to sue reverts back to the injured harbor employee.
Because this provision is part of the Federal Longshore and Harbor Workers Compensation Act it applies to dock workers who were injured not only in Long Beach, Los Angeles or Southern California, but across the entire country.
As you can see, “timing is everything” when it comes to pursuing a third party case for negligence, if you are also collecting Longshoreman’s Workers Compensation. The time limit for pursuing such a claim (with or without a lawyer) can be much shorter than a typical Statute of Limitations.
So it is in your best interest to consult an experienced lawyer who is familiar with the Federal Longshore and Harbor Workers Compensation Act as soon as possible after being injured. Only an attorney who is specialized in longshoreman and harbor worker cases can fully protect your right to sue a third party, by making certain that you do not miss any filing deadlines (statute of limitation).
Experienced Long Beach Longshore Lawyers
Our experienced Long Beach, Los Angeles Longshore lawyers can help you understand your rights if you are an injured dock worker, harbor worker, ship builder, or other employee covered by the Federal Longshore and Harbor Workers Compensation Act .
We offer a free consultation to help you understand your rights, and to evaluate if you may be entitled to recover compensation for damages from a third party – including lost wages and pain and suffering – if their negligence contributed to your injury.
Call Our Attorneys for a Free Longshoreman Workers Comp Case Evaluation
If you or a loved one has suffered an accident or injury while working on the docks in the Port of Long Beach, or the Port of Los Angeles, or another California port, our experienced lawyers are here to help you get the compensation that you deserve. Call the Longshore lawyers at Cantrell Green for your free consultation today.
