subject: Lhwca Lawyer Straight Talk: Medical Treatment Is Never Time Barred By The Statute Of Limitations [print this page] LHWCA Lawyer Straight Talk LHWCA Lawyer Straight Talk
LHWCA Lawyer Straight Talk is a series of articles where we give you an insiders view of Longshore law by a LHWCA Lawyer (read: Longshore Lawyer). We give you an insiders view of the Longshore Act. We might even tell you something you rather not accept. But it will be the truth. We give it to you straight: the unvarnished, unsweetened, unabashed truth.
What Is a Statute of Limitations?
Statute of limitations is a Longshore law that restricts the time within which legal proceedings may be brought. The statute of limitations is a defense that is ordinarily asserted by the Longshore insurance company to defeat an action brought against them by an injured Longshore worker. Under the LHWCA (read: Longshore Act); there are two statute of limitations. A 30 day statute of limitations and a one year statute of limitations. Quite frankly, the only one most injured Longshore workers have to be concerned about is the one year statute of limitations.
File Your Claim Within One Year of Your Injury And End Any "Arguments"
In a nutshell, we recommend that injured Longshore workers file their claims with the US Department of Labor within one year of their date of injury. In essence, this ends the "argument" so to speak.
What If You Didn't File Your Claim With The U.S. Department Of Labor Within One Year?
We get calls from clients that have missed the one year statute of limitations. When this happens, there are many instances where we can "beat" the insurance company's statute of limitations defense. So, don't give up. Call us anyway. There are exceptions to the one year rule that often times allow us to beat the insurance company's statute of limitation defense.
Even If You Can't "Beat" The Statute Of Limitations Defense - You Are Still Entitled To Medical Treatment
Under the LHWCA, even if your claim is "time barred" (read: denied because you didn't file your claim within the one year and your claim doesn't fit within one of the exceptions); then you may still be entitled to medical treatment.
If you are able to prove that your injury is within the jurisdiction of the Longshore Act, your entitlement to medical treatment never ceases. While your claim may be "time barred" in order for you to receive disability benefits, you are still entitled to medical treatment benefits.
What Does This Mean?
In a nutshell, if you are a seriously injured worker and you didn't file a Longshore Act claim in a timely manner - - you are still entitled to have your medical treatment paid for by the Longshore insurance company. In some cases, future medical treatment has a very significant value.
A Quick Example
Suppose a Longshore worker injured their knees in a fall down a ship board ladder. The injury falls under the Longshore Act. No claim was timely filed. Then the knees get progressively worse. Now, fifteen years later, your doctor is recommending bilateral knee replacements. The total cost for both surgeries and follow-up treatment is in excess of $100,000.
Under these facts, the injured LHWCA worker is entitled to have their medical treatment paid for by the Longshore insurance company, even if the original claim was not timely filed.
Disclaimer
This LHWCA article is not legal advice. I am simplistic in order to achieve clarity. Your LHWCA case, situation or circumstances may differ from those described in this article. Whenever you bring a Longshore case your credibility is always at issue. Always tell the truth.
