Maximizing Settlements under the Longshore Act

Maximizing Settlements under the Longshore Act

By Tim Nies, Maritime Injury Attorney | Van Riper & Nies Attorneys, P.A.

The Longshore and Harbor Workers’ Compensation Act (LHWCA or “Longshore Act”) provides vital protection to men and women who sustain injuries while working on or near the navigable waters of the United States, including ports, docks, shipyards, terminals, and other maritime job sites. These hardworking longshoremen, harbor workers, and ship repairers face some of the most dangerous work conditions in the country. When serious injuries occur, understanding the process of maximizing settlements under the Longshore Act becomes critical to ensuring that injured workers and their families receive the full compensation and medical care they deserve.

At Van Riper & Nies Attorneys, P.A., we proudly represent injured longshoremen nationwide. As a U.S. Army Ranger veteran and a Longshoremen’s attorney practicing in injury cases since 2001 and representing Longshoremen and contractors (in Defense Base Act claims, which fall under the LHWCA) since 2010, I understand the physical and financial toll that a serious maritime injury can bring to a family. My mission is simple: maximizing settlements under the Longshore Act and ensuring that the Longshore insurance carriers authorize benefits under the Longshore Act, including both compensation and medical care. I do this through early, aggressive and evidence-based representation.

Understanding Longshoremen’s Settlements

Settlements under the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. §901 et seq.) are typically negotiated once a worker has reached maximum medical improvement (MMI), the point where their condition has stabilized and future improvement is unlikely. At this stage, the parties evaluate the worker’s level of permanent partial disability (PPD) or permanent total disability (PTD), as well as future medical costs, vocational limitations, and wage-earning capacity.

Every Longshore settlement must be approved by the Office of Workers’ Compensation Programs (OWCP) or an Administrative Law Judge (ALJ) to ensure that the agreement is in the best interests of the injured worker. Once approved, the settlement is final, making it essential that the amount reflects the true value of all benefits and future care.

Key Factors That Influence Longshore Settlements

1. Average Weekly Wage (AWW) Calculation
   The AWW is the foundation of your benefits under the Longshore Act. Ensuring that all relevant earnings, including overtime, per diem, bonuses, and steady-work guarantees, are included can significantly increase the overall settlement value.
2. Extent of Permanent Impairment
   A detailed medical evaluation that accurately documents permanent restrictions, functional limitations, and future medical needs is crucial. Insurance companies’ Independent medical evaluations (IMEs) should be carefully reviewed and, when appropriate, challenged with stronger medical evidence.
3. Loss of Wage-Earning Capacity
   If an injury prevents a longshoreman from returning to their prior employment, vocational evidence showing the limited job market or reduced earning potential can significantly increase the settlement amount.
4. Future Medical Care Costs
   Settlements must take into account not only past medical bills but also anticipated future care, including surgeries, injections, therapy, pain management, and medications.

Strategies for Maximizing Your Longshore Settlement

• Develop the medical record early. Strong, well-documented medical evidence is the cornerstone of a fair settlement.
• Challenge unfair IME reports. Carriers often rely on defense-oriented physicians; these reports must be rebutted with credible, detailed counter-evidence.
• Hire experienced Longshore counsel early. A Longshore Attorney experienced in both negotiation and litigation before the Department of Labor can identify undervalued claims and push for every dollar owed. Hire a Longshore Lawyer who takes open, honest, and frequent communications with his client seriously. Your Longshore attorney should take your claim seriously and focus on making sure the Longshore insurance carrier is doing what they are supposed to and in maximizing settlements under the Longshore Act.

Why Experience Matters

I have been litigating injury claims since 2001. I was first an insurance defense attorney. I began representing injured Longshoremen in 2010. As a veteran of the U.S. Army’s 3rd Ranger Battalion, I understand the value of discipline, preparation, and persistence, qualities that I bring to every case I handle. From our offices in Florida, my team and I represent Longshoremen nationwide in all ports and shipyards across the country.

If you or a loved one has been injured while working on or near the water, call Van Riper & Nies Attorneys, P.A. today for a free consultation. We are proud to be a veteran-owned law firm fighting for those who keep America’s ports and harbors running.

📞 Call 772-283-8712 day or night, or Contact us here.
🌐 Longshore Injury Claims – Van Riper & Nies Attorneys

---