IF I QUIT MY JOB AFTER I AM INJURED, CAN I STILL COLLECT MEDICAL BENEFITS AND COMPENSATION BENEFITS UNDER THE LONGSHORE ACT?

If you have been injured while working for a longshore employer, at that time your rights under the Longshore Act “vest”. This means that even if you are later fired by your employer, or you voluntarily choose to quit your employment following your injury, you are still entitled to receive medical benefits and compensation benefits provided you are entitled to such benefits due to your injury and/or inability to return to work.   In other words, your employment status with your company does not in any affect your right to medical benefits or compensation benefits under the Longshore Act.  The only factors that will determine whether you are entitled to medical benefits and/or compensation benefits is whether or not you need further medical treatment due to your injury or whether or not you can return to earning as much as you were earning at the time of your injury.  (If you suffered a “scheduled” injury then your earning ability is not relevant. Rather, you will be entitled to compensation benefits if you have been assigned an impairment rating due to your scheduled injury.)

If you are not sure if you are entitled to Longshore benefits, send us a questions today so we can help you.  Our lawyers know the Longshore Act.