
Steps to Follow After a Longshoreman Injury at Port Everglades
1. Report the Injury Immediately
Notify your foreman, safety officer, or supervisor right away. Delays are one of the most common reasons employers and Longshore insurance carriers challenge whether the injury occurred “in the course and scope of maritime employment” as required under the LHWCA. Make sure an incident report is completed, accurate, and signed.
2. Seek Medical Attention Immediately
Under the Longshore Act injured workers have the right to choose their own physician. Do not wait for the employer or Longshore insurance carrier to assign you to a doctor. Early medical documentation is essential in cases involving:
- Back and spinal injuries
- Shoulder and rotator cuff tears
- Knee injuries
- Crush injuries
- Lifting and loading trauma
At ports like Port Everglades, where large container operations, heavy equipment, and vessel traffic increase injury risk, fast and accurate medical care is critical.
3. Document the Scene and Conditions
Port Everglades is busy. Evidence disappears quickly. I encourage injured Longshoremen to document:
- Names and contact information of witnesses
- Photos of the area, machinery, or cargo involved
- What caused the incident
- Symptoms experienced immediately after
Good documentation strengthens your entitlement to benefits under the LHWCA, especially when employers later dispute the mechanism of injury.
4. File Required Longshore Forms (LS-201 and LS-203)
Your employer must file the LS-202 with the Department of Labor, but you should not rely on them alone. You should file a LS203 and talk to a maritime lawyer about filing the LS-203.
These forms establish your rights under the Longshore Act and begin the official OWCP claim process. Filing promptly reduces the risk of delays or denial. I highly suggest you talk to a Longshore Attorney before completing the LS203 claim form.
5. Do Not Give a Recorded Statement Without Legal Counsel
Longshore insurance carriers try to take statements quickly, often when the injured longshoreman is in pain or on medication. Having worked for insurance companies earlier in my career, I know these statements are designed to limit benefits, not to help you. Politely decline until you have a Longshore attorney representing you.
6. Follow All Medical Restrictions and Treatment
Under the Longshore and Harbor Workers’ Compensation Act, the insurance company must pay for reasonable and necessary medical care. However, they frequently claim “non-compliance” as a basis to cut off benefits. Attend all medical appointments, follow restrictions, and keep copies of:
- Work notes
- Prescriptions
- Physical therapy referrals
- MRI and imaging reports and discs
Consistent medical documentation is one of the strongest tools a Longshore attorney has when litigating a Longshore claim at the OALJ or at a Longshore mediation.
7. Keep Track of Lost Work and Light-Duty Restrictions
If you cannot return to work or your employer cannot accommodate restrictions, benefits such as Temporary Total Disability (TTD) or Temporary Partial Disability (TPD) may be owed under the Longshore and Harbor Workers’ Compensation Act.
Wage calculation, particularly the Average Weekly Wage (AWW), is often the most litigated issue in Longshore claims. Accurate records help protect the longshoreman’s full entitlement. If injured print up all the wage statements you can and particular for the 52 weeks prior to the date of your injury.
8. Contact an Experienced Longshore Attorney Early
Ports like the Port of Miami and Port Everglades see heavy traffic, high-risk cargo operations, and some of the busiest longshore employment in Florida. With that comes aggressive Longshore insurance carriers and employers who often fight medical authorizations and wage benefits.
As a Florida longshore and maritime injury lawyer, former insurance defense attorney, and veteran of the U.S. Army’s 3rd Ranger Battalion, I approach these claims early and decisively, filing the right forms, securing medical care, pushing for timely compensation, and preparing for litigation if necessary. Contact me 24/7 to further discuss further steps to follow after a Longshoreman injury at Port Everglades.
Final Thoughts
The Longshore and Harbor Workers’ Compensation Act provides strong protections for injured longshoremen, but only if the correct steps are taken from day one. Whether the injury occurred while lashing, operating heavy equipment, loading containers, or working on docks in Port Miami or Port Everglades, early action makes all the difference.
If you suffered a longshore injury and need guidance, I am available to help you navigate the OWCP system and protect your rights under the LHWCA. Call me at 954-369-0776 or any of the numbers below.
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