Understanding Your Rights After a Shipyard Injury

If you've been injured while working at a shipyard or are covered under the Longshore and Harbor Workers' Compensation Act (LHWCA), you may wonder how recent union contract negotiations affect your compensation benefits. As legal experts on workers' compensation for injured longshore workers, we frequently address this critical question that impacts countless injured workers across our nation's ports and shipyards.

The Key Question: Do Union Pay Raises Count?

Common Scenario: "The union just negotiated a new contract with a significant pay raise. Will this increase my workers' compensation benefits?"

Answer: Generally, no. Future pay raises negotiated after your injury typically won't increase your workers' compensation rate. Here's why this matters for injured workers seeking fair compensation.

How Workers' Compensation is Calculated Under the Longshore Act

Section 10 of the Longshore Act governs how your average weekly wage (AWW) is determined. This calculation is crucial because it directly affects your compensation benefits. The law looks at your actual earnings during the 52 weeks before your work injury—not what you might earn in the future.

Key Legal Principles for Shipyard & Longshore Workers

The courts have established important precedents that protect injured workers' rights to fair compensation:

1. Economic Hardship Exceptions: If your employer's business was struggling economically before your injury (like declining ship repair industries), they cannot use this to reduce your compensation by claiming lower "open market" wages represent your true earning capacity (Hayes v. P & M Crane Co., 23 BRBS 389).
2. Adjustments for Lost Time: Courts recognize that your previous year's earnings might not reflect your true earning capacity if you missed work due to:
   • Personal injury or illness (Klubnikin v. Crescent Wharf & Warehouse Co.)
   • Strikes (Hawthorne v. Director, OWCP)
   • Layoffs (Gilliam v. Addison Crane Co.)
   • Family emergencies (Browder v. Dillingham Ship Repair)
3. Fair Representation Standard: The Fifth Circuit Court emphasized that wage calculations should facilitate "making a fair and accurate assessment" of what you would have earned without the injury (Flanagan Stevedores, Inc. v. Gallagher).

Why Injured Shipyard & Longshore Workers Need Experienced Legal Representation

The calculation of your average weekly wage under the Longshore Act involves complex legal standards and extensive case law interpretation. While prospective pay raises generally don't increase your benefits, there are numerous exceptions and adjustments that could significantly impact your compensation. Morring Law has more than twenty six years of legal experience in this field and has assisted thousands of injured workers recovering multimillion dollars in compensation and settlements. While every case is different, the experience of Morring Law will ensure that you recover every benefit that you deserve.

Critical Areas Where Legal Expertise Matters:

• Identifying all compensable wages and benefits
• Arguing for adjustments when past earnings don't reflect true earning capacity
• Ensuring employers don't manipulate wage calculations to minimize benefits
• Navigating the intricate federal regulations governing longshore injuries

Protect Your Rights with the Power of Morring Law

As your injured workers' number one attorney team, we understand the devastating impact shipyard injuries have on workers and their families. The Longshore Act provides important protections, but insurance companies and employers often try to minimize compensation by misinterpreting wage calculations.

Don't let complex legal technicalities prevent you from receiving the full compensation you deserve. Our legal experts on workers' compensation have decades of experience fighting for injured longshore and shipyard workers. We know how to:

• Maximize your average weekly wage calculation
• Challenge unfair employer tactics
• Ensure all applicable wage adjustments are considered
• Fight for your rights through appeals if necessary

Take Action Today

If you've been injured at a shipyard or while working under the Longshore Workers' Compensation Act, don't navigate these complex waters alone. Contact our office today for a free consultation with experienced longshore injury attorneys who will fight to ensure you receive every dollar of compensation you're entitled to under the law.

Remember: The insurance company has lawyers working to minimize your benefits. You deserve legal experts on workers' compensation fighting just as hard for your rights. Let us be your advocate in securing the fair compensation you've earned through your hard work and dedication to one of America's most essential industries.

Contact us today—because injured workers deserve royal treatment when it comes to their legal representation.