Florida Longshore Workers’ Compensation Lawyer
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Employers and Longshore insurance carriers typically retain defense counsel immediately. You should, too. A well-prepared Longshore claim often turns on early medical evidence, wage documentation, and careful handling of recorded statements. Speaking with a Florida workers’ compensation lawyer early – at no cost – can make a meaningful difference in your Longshore claim. Early legal guidance helps protect your rights, preserve critical evidence, and prevent mistakes that Longshore insurance companies often use to limit or deny Longshore benefits.
Call: 772-283-8712 or 954-369-0776 | Offices: Deerfield Beach, Boca Raton, Delray Beach, West Palm Beach, Stuart
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No fees upfront. If successful, the Longshore carrier pays attorney’s fees and costs (as allowed and approved under the LHWCA).
Florida Longshore (LHWCA) Claims: What the Law Covers
The Longshore Act is a federal statute that provides medical care and wage-loss compensation to certain maritime workers injured on or near navigable waters. Coverage is commonly disputed, and eligibility usually depends on two key issues:
- Status: whether your job is considered “maritime employment” (such as loading/unloading vessels, ship repair, shipbuilding, terminal work, or related waterfront operations).
- Situs: whether the injury occurred on navigable waters or in an adjoining area (dock, pier, wharf, terminal, shipyard, or similar waterfront site).
Many Florida waterfront jobs qualify, but employers and carriers frequently contest status/situs to avoid LHWCA exposure. Getting a Florida Longshore workers’ compensation attorney on board early can prevent avoidable disputes and delays.
Florida Ports and Terminals Where Longshoremen Work
Florida’s maritime economy relies on busy ports and container terminals. Longshore claims often arise from work at, or connected to:
- Port of Miami
- Port Everglades (Fort Lauderdale)
- Port Tampa Bay
- Port Canaveral
- JAXPORT (Jacksonville Port Authority)
- Port of Palm Beach
- Other shipyards, marine terminals, and waterfront facilities throughout Florida
Port of Miami Longshore Injury Claims
Longshore Claims involving the Port of Miami frequently include container operations, cargo handling, equipment incidents, and repetitive-strain injuries from physically demanding terminal work. Proper documentation of job tasks, work site, and medical restrictions is critical to establishing both coverage and the full value of your claim.
Port Everglades Longshore Injury Claims
The Port Everglades work environment includes heavy equipment, vessel operations, and high-volume freight movement. Longshore injuries commonly involve falls, crush/struck-by incidents, back injuries, and shoulder/knee conditions from lifting and twisting.
Port Tampa Bay Longshore Injury Claims
Longshoremen at Port Tampa Bay routinely work around heavy cargo, bulk materials, fuel terminals, and ship repair operations. Injuries at Port Tampa Bay commonly include back and neck injuries from heavy lifting, crush injuries involving cargo or port equipment, and falls on docks, vessels, or terminal facilities. Establishing Longshore coverage and properly documenting job duties and medical restrictions are critical in Port Tampa Bay Longshore claims.
Port Canaveral Longshore Injury Claims
Port Canaveral longshoremen are involved in cargo handling, cruise ship servicing, and waterfront terminal operations. Injuries at Port Canaveral frequently involve orthopedic injuries, equipment-related accidents, and slip-and-fall injuries on wet or uneven surfaces. Longshore claims from Port Canaveral often require careful analysis of situs and status to confirm coverage under the Longshore Act.
JAXPORT (Jacksonville Port Authority) Longshore Injury Claims
The Jacksonville Port Authority (JAXPORT) handles extensive container, vehicle, and bulk cargo operations. Longshore injuries at JAXPORT commonly include orthopedic injuries, cumulative trauma, and serious accidents involving cranes, forklifts, and container-handling equipment. JAXPORT Longshore claims are often aggressively defended, making early legal involvement essential.
Port of Palm Beach Longshore Injury Claims
Longshoremen working at the Port of Palm Beach perform cargo loading and unloading and terminal operations near navigable waters. Injuries at the Port of Palm Beach frequently include back injuries, shoulder and knee conditions, and struck-by accidents involving cargo or heavy machinery. Early documentation of maritime job duties and medical restrictions is key in Port of Palm Beach Longshore claims.
Common Longshore Injuries in Florida
Longshore and harbor work is physically intense and often hazardous. Common injuries in Florida Longshore claims include:
- Back and neck injuries: herniated discs, radiculopathy, stenosis, and surgical conditions
- Shoulder injuries: rotator cuff tears, labral tears, impingement, biceps tendon injuries
- Knee injuries: meniscus tears, ligament injuries, degenerative aggravation, post-traumatic arthritis
- Crush/struck-by injuries: cargo, containers, forklifts, top picks, cranes, and other heavy equipment
- Falls: ladder/fixed platform falls, slips on wet surfaces, falls from heights
- Hand/wrist injuries: fractures, tendon injuries, carpal tunnel, repetitive trauma
- Hearing loss: cumulative noise exposure around industrial and port equipment
- Cumulative trauma: repetitive lifting, bending, twisting, and vibration exposure over time
Next Steps After a Florida Longshore Injury
- Report the injury promptly in writing (make sure to keep the written notification) and document who you notified. Under the Longshore Act, you only have thirty days to notifiy your employer of the incident/injury/illness.
- Get medical care and make sure your provider documents work restrictions and how the injury happened. Under the Longshore Act, you are entitled to treat wtih a physician of your choice. Research experienced board-certified physicians. Do not allow the insurance company to select a doctor for you. The most important person other than yourself in a Longshore claim is not your lawyer, but your doctor.
- Preserve evidence (witness names, incident reports, photos, job descriptions, wage records).
- Speak with a Florida Longshore workers’ compensation attorney early, before giving recorded statements or signing documents you don’t fully understand.
Benefits Available Under the Longshore Act
Medical Treatment
The LHWCA provides payment for reasonable and necessary medical care related to the work injury by the insurance company/employer. Your employer/carrier is responsible for authorized treatment, diagnostics, medications, therapy, and medically necessary procedures.
Wage-Loss Compensation
Longshore wage-loss benefits are typically paid at two-thirds (66 2/3%) of the injured worker’s Average Weekly Wage (AWW), subject to federal maximums.
Benefit categories often include:
- Temporary Total Disability (TTD)
- Temporary Partial Disability (TPD)
- Permanent Total Disability (PTD)
- Permanent Partial Disability (PPD), including scheduled awards for certain body parts
How Compensation Is Calculated (AWW)
Average weekly wage (AWW) is usually calculated by looking at what the longshoreman actually earned in the 52 weeks before the injury, including overtime, to reflect real take-home earning power. For example, if a longshoreman regularly earned about $2,500 per week before getting hurt, compensation benefits are generally paid at two-thirds of that amount, or approximately $1,666 per week, subject to the federal maximum compensation rate in effect on the date of injury. The Longshore Act sets a yearly maximum rate that can cap weekly benefits for higher-earning workers, which is why accurately calculating wages and knowing the applicable maximum rate is so important in Florida Longshore claims.
The AWW calculation can be complex, especially with overtime, seasonal work, varying hours, or recent job changes. Employers and carriers frequently dispute AWW because it directly affects the weekly compensation rate. A Florida Longshore workers’ compensation lawyer can help ensure the wage history is collected and presented correctly.
Why Hiring a Florida Longshore Lawyer Early Matters
In practice, the employer and carrier usually retain experienced defense counsel early. That means you’re immediately facing a coordinated claims strategy designed to limit exposure, often through coverage challenges, wage disputes, and medical-control tactics.
- Level the playing field: Respond effectively when the employer hires an attorney and claims professionals.
- Protect your claim record: Avoid damaging statements, documentation gaps, and procedural missteps.
- Secure appropriate medical evidence: Ensure treating physicians document work restrictions, causation, and the need for future care. You are entitled under the Longshore Act to treat with a physician of your choice. Look for an experienced board-certified physician and do not agree to treat with a physician recommended by your employer or the longshore insurance company.
- Maximize your compensation rate: Build the best Average Weekly Wage (AWW) record (overtime, add-ons, proper wage method).
- Position your case for resolution: Prepare early for mediation and, if necessary, litigation before an administrative law judge at the Office of Administrative Law Judges.
Longshore Claims in Florida Often Resolve at Mediation
Many Longshore claims are resolved through mediation before a Department of Labor administrative law judge. Mediation can be an efficient way to address disputed issues such as:
- Medical treatment authorization and future medical needs
- Disability status and work restrictions
- Average weekly wage and compensation rate disputes
- Settlement value and protection of long-term interests
A successful mediation strategy requires strong medical support, well-documented wage records, and a clear plan for presenting work limitations, especially for physically demanding longshore work.
No Fees Upfront: How Florida Longshore Workers’ Compensation Lawyers Are Paid
Injured longshoremen should not have to fund a legal fight while out of work. In Longshore cases:
- Nothing is owed upfront (no retainer required).
- Attorney fees must be approved under the Longshore Act by the Department of Labor or the Administrative Law Judge.
- When successful (and as permitted under the Longshore Act), the employer/carrier pays the fees of the Florida Longshore Workers’ Compensation attorney rather than the injured worker.
- Litigation costs are typically pursued as part of the case, consistent with the LHWCA process.
Fee entitlement depends on the procedural posture and results obtained; we explain this clearly at the start, so there are no surprises.
Florida-Based Longshore Representation, Nationwide Practice
I have been a Florida Longshore Workers’ Compensation lawyer since 2001 and have represented injured claimants in Longshore and Defense Base Act cases since approximately 2010. I am also an Army Ranger veteran, having served with the U.S. Army’s Third Ranger Battalion. I am known for fighting now for injured Longshoremen. While I reside in Florida, the Longshore Act is federal law, and I handle claims for injured longshoremen nationwide.