Longshore Attorneys

Frequently Asked Questions About Hiring a Longshore Attorney

Navigating a longshore workers’ compensation claim presents unique challenges that differ significantly from standard workers’ compensation cases. The Longshore and Harbor Workers’ Compensation Act (LHWCA) creates a federal system with its own rules, procedures, and requirements that can be difficult to understand without the specialized knowledge of a longshore attorney.

Many injured maritime workers find themselves overwhelmed by the complexity of the longshore claims process, uncertain about their rights, and concerned about receiving fair compensation for their injuries. During this challenging time, the guidance of an experienced longshore attorney can make a crucial difference in the outcome of your claim.

The decision to hire a longshore attorney is significant, and many injured workers have important questions about what longshore attorneys do, how they can help, and what to expect when working with one. Understanding the answers to these common questions can help you make informed decisions about your longshore claim and your future.

At Cantrell Green in Long Beach, our experienced longshore attorneys have compiled the most frequently asked questions we receive from injured maritime workers, along with clear, straightforward answers to help you understand the value of specialized legal representation in LHWCA claims.

What Makes Longshore Claims Different from Regular Workers’ Compensation?

Longshore claims operate under a completely different legal framework than state workers’ compensation systems. The Longshore and Harbor Workers’ Compensation Act is a federal law with its own unique procedures, deadlines, and benefit structures that differ substantially from California workers’ compensation. These differences include higher compensation rates, more comprehensive medical benefits, and different standards for determining disability classifications.

The procedures involved in longshore claims also differ significantly from state systems. Longshore cases proceed through federal administrative channels, including informal conferences with Department of Labor claims examiners and formal hearings before Administrative Law Judges with the Office of Administrative Law Judges. These proceedings involve specialized rules of evidence and procedure that even attorneys without specific longshore experience may find unfamiliar.

The “jurisdiction” questions in longshore cases often present additional complexity. Determining whether a particular worker qualifies for coverage under the LHWCA involves detailed analysis of both the nature of the work performed and the location where the injury occurred. Many workers fall into “gray areas” where coverage might exist under either the LHWCA or state workers compensation systems—or potentially both—requiring careful legal analysis to determine the most advantageous path forward.

When Should I Contact a Longshore Attorney After an Injury?

Ideally, you should contact a longshore attorney as soon as possible after a work-related injury—even before filing your initial claim if possible. Early legal involvement allows your longshore attorney to help you properly report the injury, document important details, and ensure your claim contains all necessary information from the outset. This proactive approach helps avoid common pitfalls that can delay benefits or compromise your claim.

Critical decisions made in the first days and weeks after an injury can significantly impact your case. These include selecting appropriate medical providers, providing accurate statements about how the injury occurred, and ensuring proper notice to your employer. A knowledgeable longshore attorney can guide these early decisions, helping you avoid mistakes that might later prove difficult to correct.

Even if your claim initially appears straightforward and your employer seems cooperative, circumstances can change quickly. Insurance carriers often become more aggressive in denying benefits or disputing disability as claims progress. Having an established relationship with a longshore attorney from the beginning ensures you have immediate access to guidance if complications arise, rather than trying to find representation during a crisis.

How Do Longshore Attorneys Get Paid?

Longshore attorneys typically work on a contingency fee basis for most aspects of LHWCA claims. This means the attorney receives a percentage of the compensation secured for you, but only if they successfully recover benefits. Under the LHWCA, these fees require approval from the Department of Labor or the Administrative Law Judge overseeing your case, providing an important protection against excessive charges.

In successful claims where the attorney secures previously denied benefits, the LHWCA provides that the employer or insurance carrier may be required to pay your attorney’s fees. This fee-shifting provision represents a significant advantage for injured workers, as it can allow you to retain the full amount of your compensation without deduction for legal fees when your claim was wrongfully contested.

The initial consultation with a longshore attorney at Cantrell Green in Long Beach is typically provided free of charge. During this consultation, the attorney can explain their fee structure in detail, answer your specific questions about costs, and provide a written fee agreement that clearly outlines all potential expenses. This transparency allows you to make an informed decision about representation without financial pressure.

What Can a Longshore Attorney Do That I Can’t Do Myself?

Experienced longshore attorneys bring specialized knowledge of LHWCA case law, regulations, and procedures that typically takes years to develop. This expertise allows them to accurately evaluate your claim’s value, identify all potential benefits you might qualify for, and recognize insurance carrier tactics designed to minimize your compensation. Without this specialized knowledge, many injured workers unwittingly accept settlements far below what their claims are worth.

Longshore attorneys have also established relationships with the key players in the LHWCA system, including Department of Labor claims examiners, district directors, and administrative law judges. These professional relationships help attorneys navigate administrative hurdles more efficiently and can facilitate more productive settlement discussions. Additionally, experienced attorneys understand how to effectively work with medical providers to ensure your condition is properly documented and explained in terms relevant to your claim.

Perhaps most importantly, longshore attorneys serve as your advocate throughout what can be an adversarial process. Insurance carriers have teams of adjusters, case managers, and attorneys working to minimize what they pay you. Without your own legal representation, you face these professionals alone while simultaneously dealing with your injury, medical treatments, and financial concerns. An experienced longshore attorney from Cantrell Green levels this playing field, ensuring your interests are vigorously represented at every stage.

Can Any Workers’ Compensation Attorney Handle a Longshore Claim?

General workers’ compensation attorneys typically lack the specialized knowledge needed to effectively handle longshore claims. The LHWCA creates a distinct federal system with its own regulations, procedures, and case law that differs significantly from state workers’ compensation systems. Many attorneys who excel in state systems are unfamiliar with these critical differences, potentially missing important benefits or making procedural errors that harm your claim.

Even experienced personal injury or maritime attorneys may lack sufficient expertise in the specific nuances of LHWCA claims. Longshore claims involve unique medical-legal issues, specialized benefit calculations, and complex jurisdictional questions that require focused experience to navigate effectively. Without this specialized knowledge, attorneys may miss opportunities to maximize your benefits or fail to effectively counter insurance carrier tactics specific to longshore claims.

The most effective representation comes from attorneys who focus a significant portion of their practice specifically on longshore claims. At Cantrell Green in Long Beach, our attorneys have dedicated decades to handling longshore cases, maintaining current knowledge of evolving case law, regulatory changes, and industry practices. This specialized focus allows us to provide representation that addresses the unique aspects of your longshore claim with the expertise it deserves.

What Happens if My Longshore Claim is Denied?

If your longshore claim is denied, a specialized longshore attorney becomes even more critical to protecting your rights. The appeals process under the LHWCA involves multiple stages, beginning with an informal conference with a Department of Labor claims examiner, potentially proceeding to a formal hearing before an Administrative Law Judge, and possibly continuing to the Benefits Review Board and federal courts if necessary.

Each stage of this process involves specific procedural requirements, deadlines, and evidentiary standards that differ from other legal proceedings. Experienced longshore attorneys understand how to effectively present medical evidence, testimony, and legal arguments at each level to maximize your chances of success. They can also evaluate when to appeal adverse decisions and when alternative strategies might better serve your interests.

Beyond the formal appeals process, skilled longshore attorneys often resolve denied claims through negotiation based on their assessment of the claim’s strengths and weaknesses. Their experience allows them to anticipate the carrier’s position, develop effective counterarguments, and negotiate from a position of knowledge about how similar cases have been resolved. The attorneys at Cantrell Green have successfully overturned numerous claim denials, securing benefits for longshore workers throughout the Long Beach area who might otherwise have received nothing.

How Do I Choose the Right Longshore Attorney?

Experience specifically with longshore cases should be your primary consideration when selecting a longshore attorney. Ask potential attorneys about the percentage of their practice devoted to longshore cases, how many years they’ve handled these specialized claims, and their familiarity with local Department of Labor offices and Administrative Law Judges. True longshore specialists will readily demonstrate their focused expertise in this area.

Reputation within the longshore community provides another important indicator of attorney quality. Skilled longshore attorneys typically receive referrals from former clients, maritime unions, and even other attorneys who recognize their specialized expertise. You can also research potential attorneys’ involvement in maritime law organizations, speaking engagements, and publications related to longshore claims, which often signal recognized expertise in the field.

Personal compatibility matters as well, since your attorney relationship may continue for months or years. During your initial consultation, assess whether the attorney listens carefully to your concerns, explains complex concepts clearly, and seems genuinely invested in your well-being. At Cantrell Green in Long Beach, we emphasize both technical expertise and personal attention, recognizing that effective representation requires both specialized knowledge and a commitment to understanding each client’s unique circumstances.

What Mistakes Do People Make When Handling Their Own Longshore Claims?

One of the most common and costly mistakes is providing recorded statements to insurance adjusters without the legal guidance of a longshore attorney. These statements can be taken out of context to dispute aspects of your claim. Insurance representatives may seem friendly and helpful, but their primary obligation is to their employer, not to you, and they will often do everything they can to pay the smallest benefit (or to not pay at all). A longshore attorney can ensure your statements accurately reflect your situation and protect your interests.

Missing deadlines or filing incomplete documentation is another mistake that people often make, damaging an otherwise valid longshore claim. The LHWCA imposes specific timeframes for reporting injuries, filing claims, and responding to determinations. Similarly, medical documentation must meet particular standards to effectively support your claim. Without specialized knowledge of these requirements, injured workers often undermine their own cases through mistakes and procedure oversights.

Perhaps the most significant mistake longshore workers make is accepting settlements without understanding their full, long-term implications. Insurance carriers frequently offer settlements that appear reasonable on the surface – but fail to adequately account for future medical needs, potential complications, or the full extent of disability. Many injured longshore workers accept these offers without realizing they’re receiving far less than their longshore claims are worth. Experienced longshore attorneys like those at Cantrell Green in Long Beach can accurately value your claim, ensuring any settlement truly reflects your current and future needs.

Top Longshore Attorneys | Long Beach

Navigating a longshore workers’ compensation claim presents unique challenges that specialized legal representation from an experienced longshore attorney can help you overcome. The complexities of the LHWCA system, the resources of insurance carriers, and the significant benefits at stake all highlight the importance of working with longshore attorneys who focus specifically on these specialized claims.

At Cantrell Green, our longshore attorneys bring decades of experience handling LHWCA claims for workers throughout the Long Beach area. Our attorneys understand both the complex longshore legal system and the day-to-day challenges facing injured maritime workers and their families.

We encourage you to contact our longshore attorneys for a free consultation if you’ve suffered a work-related injury covered under the Longshore Act. During this meeting, we can answer your specific questions, evaluate the particular circumstances of your longshore case, and help you understand your options for moving forward. With knowledgeable guidance from our experienced longshore attorneys, you can navigate this challenging process with confidence that your rights and interests are being protected.

Top Long Beach Longshore Attorneys: 800-964-8047