Longshore Law: Suitable Alternate Employment Revisited (This Is Really Important Stuff) Part 1

Longshore Lawyer Straight Talk

We give it too you straight. No sugar added. Just good old fashioned truth. No lawyer talk, no double talk. If you Google "Longshore Lawyer Straight Talk" or "Longshore Attorney Straight Talk" you will find dozens of great articles that will help you win your Longshore case. In this series of articles we discuss "suitable alternate employment." Don't get blinded by the technical terms. Because we explain it all to you. This is really important stuff, so listen up. This series of articles will help you put food on your family's table. This is Part 1 of a 4 part series.

What If You Can't Go Back to Work Earning the Kind of Money You Did Before?

When you are seriously injured on your Longshore job and can't return to your work as a longshoreman or a journeyman shipyard worker, your economic future is in huge question. If you can't make the money you used to what are you going to do? If this happens to you and your family, you have to make sure you are doing everything possible in order to win your Longshore case. We see lazy or mis-informed Longshore Lawyers not making sure their clients are doing everything possible to win their case.

If you think that, "Hey, I hired a lawyer - let them do all the work to win my case;" then you are in for a rude awakening. Because at the end of the day - you may very well have lost your case based upon what you did or did not do. Seriously, your lawyer's job is to tell you what you need to do in order to put you in a position to prevail in your Longshore case. However, in many instances, this is going to fall on your shoulders. Many Longshore Claimants win or lose based upon what the Claimant (read: you) did or did not do.

Suitable Alternate Employment

Under the Longshore Act, once you have established that your work related injuries prevent you from returning to your usual and customary employment, the burden shifts to the insurance company to demonstrate suitable alternate employment. Stated differently, once you have shown that your work-related injury prevents you from performing your usual work, the burden shifts to the Longshore insurance company to establish the availability of realistic job opportunities within the geographic area where you reside. The insurance company must prove you are capable of performing these specific jobs considering your age, education, work experience, and physical restrictions.

The insurance company must point to actual jobs that you can perform. In addressing the availability of suitable alternate employment, the Judge must compare your restrictions and vocational factors with the requirements of the positions identified by the insurance company in order to determine whether insurance company has met it's burden.

Disclaimer

This Longshore article is not legal advice. I am simplistic in order to achieve clarity. Your Longshore and Harbor Workers' Compensation Act case, situation or circumstances may differ from those described in this Longshore Attorney Straight Talk article. Whenever you go to court asking for money your credibility is always at issue. Always tell the truth.

Remember, this is Part 1 of a 4 Part series. Be sure to check back in for Part 2. This is the kind of information that you will need to win your Longshore case.

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