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•   Longshore workers’ compensation claims

        •   Under the federal Longshore and Harbor Workers’ Compensation Act (“LHWCA”)

        •   May cover you if your work is linked in any way to:

                •   Loading of ships
                •   Unloading of ships
                •   Ship repair
                •   Ship building

        •   Not limited to Longshoremen

        •   Not limited to people who work on board ships

        •   An injured worker should look into coverage under the LHWCA:

                •   If they work on or near the water (in an area by the water) and
                •   If their work is in some way linked to ship building or ship repair, or
                •   If marine vessels of any kind are loaded with any items where they work (including
                    cargo, fuel, water, etc.)

        •   Benefits are often greater than state law benefits

        •   Not many area attorneys handle these types of cases   

•   Virginia workers’ compensation claims

        •   Under the Virginia Workers’ Compensation Act

        •   Covers most workers injured while working in Virginia or for a Virginia Employer

        •   Establishing a right to benefits can sometimes be difficult, due primarily to:

                •   Claim-related requirements on the part of injured workers, and          
                •   Defenses often raised by employers and their workers' compensation insurance                     carriers

        •   Claim-related requirements include such things as:

                •   Notice to the employer (usually within 30 days of the injury)
                •   Filing of the claim with the Virginia Workers’ Compensation Commission in Richmond                     within the applicable statute of limitations for the injury (2 years for traumatic injuries,                     different periods for certain occupational diseases, etc.)
                •   Providing documentation of disability
                •   Treating with an authorized physician
                •   Filing for additional benefits within the applicable change in condition statute of                              limitations

        •   Failure to meet the requirements may result in loss of right to benefits

        •   Workers should become informed of their rights and responsibilities as claimants under             the Act, and the potential defenses available to employers and their workers’ compensation             insurance carriers

•   Social Security disability claims

        •   Under the Social Security Act

        •   Apply when a person is unable to work in substantial gainful employment because of injury             or disability

        •   Statistics show that most claims at the first two levels are denied

        •   After the first two levels, the case goes before an Administrative Law Judge for a full                   evidentiary hearing

        •   Based on those two factors, appealing denials, at least up to the ALJ level, is in most             cases advisable

        •   Obtaining documentation from the treating doctors regarding a person’s limitations and             disability is often a key to winning a Social Security disability claim

        •   Knowledge of the particular standards applied by the Judges and the particular types of             information which they consider in deciding cases is also a key to winning a Social                         Security disability claim

•   Personal injury cases

        •   Applies when someone else’s negligence causes injury

                •   Car, truck, and motorcycle accidents
                •   Premises liability injuries (such as slip and fall cases)
                •   Medical malpractice injuries
                •   Products liability injuries
                •   Ship-board and maritime injuries
                •   Jones Act claims
                •   Injuries in marine terminals and ports

        •   Knowing what to do and what not to do from the moment of the accident forward can often             make a significant difference in a person’s ability to protect their rights and maximize their             recovery

•   General civil litigation (including as well drafting of contracts; contract based claims)

        •   Covers many different types of potential claims that arise out of the agreements and             relationships which people enter into throughout their business and personal lives

        •   There are simply times where there are costs and consequences that result from a person             or company’s actions or conduct that need to be addressed through our legal system

Matthew H. Kraft, P.L.C.
317 30th Street
Virginia Beach, VA  23451
Phone (757) 390-3340
Facsimile (757) 390-3344

Matt Kraft, Attorney – matt@mattkraftlaw.com    Kim Whitaker, Paralegal – kim@mattkraftlaw.com

The information contained in this site is provided for informational purposes only, and should not be construed as legal advice.  In addition, transmission of information from this site does not create an attorney-client relationship.  You should consult an attorney for advice regarding your individual situation.

Copyright (c) 2009  Matthew H. Kraft, P.L.C.  All Rights Reserved.