1-800-393-2999 24 hours
300 N Maitland Ave Maitland, FL 32751
8 N Brevard Ave Cocoa Beach, FL 32931
Garfinkel Schwartz FacebookGarfinkel Schwartz Linkedin Garfinkel Schwartz Tumblr

Longshore Act Rights for Longshoremen

Hi, this is Brian Wiklendt with Garfinkel Schwartz I’m here in our Maitland, Florida office that is a suburb of Orlando, Florida. We also have offices in Titusville, Florida, which is near Port Canaveral.

You may watch this video on the Garfinkel Schwartz YouTube channel “Longshore Act Rights for Longshoremen.”

We Represent Longshoremen Across the Country

And we do help a lot of Longshoremen that do get injured in the Port Canaveral area but, our practice is not limited to Florida. We can represent Longshoremen all across the country.

Your Rights Under the Longshore Act

What I’d like to talk with you today a little bit about is what your rights are under the Longshore Act. I know a lot of you aren’t in the unions that I represent and they do get good information from the unions however, a lot of times your company when you get injured sends everyone to the same doctors for years and years on end.

The Same Nurse Case Manager

They have the same nurse case manager to manage your file and basically what I’m going to say to you right now is that one of the greatest advantages that you have under the Longshore Act that other different statutes and laws don’t provide is that you have an absolute right to a doctor of your own choosing.

One Doctor Treats All Longshoremen

Now I’m going to talk about what I wouldn’t call a company doctor, but going to a doctor that happens to get referrals from large companies that hire Longshoremen may or may not be a good way to go.

Get the Medical Specialist You Need

Sometimes you need specialists; say that you’re injured and your back is injured terribly or you get hit by a forklift, a piece of luggage hits you in the head. They may, I’ve seen before that they send you to the same doctor regardless if he is just a general practitioner and he does whatever he thinks is necessary he tries to get you back to work as fast as humanly possible.

Sometimes that’s obviously not in your best interest. You deserve treatment that you should receive. That treatment should be by your choosing, not by the company’s choosing.

If You Hire an Attorney, You Don’t Pay

The second biggest advantage that you have under this act is that if I get benefits for you, you hire me as your attorney, and I get benefits for you under the act. Even if that may be medical benefits or even denied prescriptions or maybe even extended limitations as to what you can or can’t do with a second opinion doctor.

I’m then paid by the company or by the insurance company that hired you that’s responsible for your care and treatment. If I get any benefit, indemnity wise or medical wise, I get paid my hourly rate times how many hours it took me to get you that benefit.

You Don’t Pay a Lawyer: Win or Lose

It’s got nothing to do with any percentage; it doesn’t come out of your share of money in any way. And it has to be approved by the department of labor. So basically what I’m saying to you is, we take risks together. If you get injured and you need an attorney and if we are comfortable and you are comfortable going forward with the case. Then, if we don’t get you the benefits, we don’t ask for any money.

That’s the chance we take, otherwise I get paid completely separately from any of the benefits you get including any indemnity benefits. I hope everyone is well, I’m signing out now from our Maitland, Florida office.

Again we have an office in Titusville, we cater to Longshore workers across the country. And Titusville is very close to Port Canaveral, Florida. A very up and coming port and I would love to hear from you if you ever get in a bind.

Our firm prides itself on helping injured workers. Thank you very much. Again, this is Brian Wiklendt with Garfinkel Schwartz. I’m here in our Maitland, Florida office today. We also have offices in Titusville, Florida, which is on the space coast of Florida. Thank you for your time.