My Employer Has Started Paying Benefits Under The Longshore Act; Does This Mean That My Claim Falls Under Longshore Jurisdiction?

Very often your employer will immediately begin paying benefits to you under the Longshore Act following your injury.  Clients often ask if this necessarily means that they are limited to filing a claim under the Longshore Act or if this necessarily establishes, as a matter of law, that the Longshore Act will apply to their claim.  The answer to both of these questions is a certain ‘no’.  Simply because your employer voluntarily begins payment of compensation benefits to you under the Longshore Act does not necessarily mean that the Longshore Act will apply to your claim.  In fact, most tricky employers will automatically begin payment of benefits under the Longshore Act and even file a First Report of Injury under the Longshore Act with the Department of Labor.  They do this in order to try to avoid possible jurisdiction under the Jones Act which could provide you with significantly higher benefits and a much greater recovery for your claim.

It is very important that you speak with an attorney who handles both Longshore claims as well as Jones Act claims in order to determine if the Longshore Act truly applies to your claim.  The fact that your company says your claim may fall under the Longshore Act, or the fact that your company is paying benefits under the Act, is meaningless.  A good Longshore lawyer can tell you what law will apply to your claim.