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Longshoreman: Legal Definition, Duties, and Compensation Rights
Definition & Meaning
A longshoreman is a dock worker responsible for loading and unloading cargo from ships. This role is crucial in the shipping and transportation industry, as longshoremen ensure that goods are efficiently moved between vessels and the shore. The job involves physical labor and can be hazardous, leading to potential injuries. In such cases, longshoremen may seek compensation under the Longshore and Harbor Workers Compensation Act, which provides benefits for work-related injuries.
Table of content
Legal Use & context
The term longshoreman is primarily used in the context of labor law and workers' compensation. Legal practitioners may encounter this term when dealing with cases related to workplace injuries in maritime settings. The Longshore and Harbor Workers Compensation Act is a key piece of legislation that governs the rights of longshoremen and outlines the process for claiming benefits. Users can often manage related forms and procedures themselves using templates provided by US Legal Forms, making it easier to navigate the legal landscape.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A longshoreman injures their back while lifting heavy cargo. They report the injury to their employer and file a claim under the Longshore and Harbor Workers Compensation Act to receive medical benefits and lost wages.
Example 2: A longshoreman slips on a wet dock while unloading a ship, resulting in a broken ankle. They seek compensation for their medical expenses and time off work through the appropriate legal channels. (hypothetical example)
Relevant laws & statutes
The primary statute relevant to longshoremen is the Longshore and Harbor Workers Compensation Act (33 U.S.C. § 901 et seq.). This act provides benefits to maritime workers who are injured on the job, covering medical expenses, rehabilitation costs, and lost wages.
State-by-state differences
State
Key Differences
California
Longshoremen may have additional state-level protections under California's workers' compensation laws.
Florida
Florida has specific regulations regarding the reporting of injuries that may differ from federal guidelines.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Differences
Dockworker
A general term for workers at docks.
Includes various roles, not just longshoremen.
Longshore worker
Another term for longshoreman.
Gender-neutral term; otherwise synonymous.
Common misunderstandings
What to do if this term applies to you
If you are a longshoreman and experience an injury while working, it is important to:
Report the injury to your employer immediately.
Document the incident and seek medical attention.
Consider filing a claim under the Longshore and Harbor Workers Compensation Act.
Explore US Legal Forms for templates that can help you navigate the claims process.
If your case is complex, consult a legal professional for assistance.
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