Your maritime injury isn't covered by regular workers' compensation. You have something better.
Most maritime workers assume they're stuck with standard state workers' comp when they get hurt on the job. They're wrong about the coverage and wrong about their options.
If you work as a longshoreman, crane operator, shipbuilder, or in ship repair, you have access to dual compensation systems that most people don't even know exist. This advantage can mean the difference between 500 weeks of benefits and lifetime coverage worth over a million dollars.
The Concurrent Jurisdiction Advantage
Since 1927, the Longshore and Harbor Workers' Compensation Act has protected maritime workers with federal coverage. But here's what changes everything: in South Carolina, you get concurrent jurisdiction.
Concurrent jurisdiction means you can pursue benefits under both the federal Longshore Act and South Carolina Workers' Compensation Act simultaneously. You're not choosing one or the other. You have access to both systems.
This dual coverage affects approximately 500,000 maritime workers nationwide, yet most don't understand how to use it strategically.
Strategic Timing Decisions That Matter
Every case must be analyzed based on the specific fact pattern of your accident and injuries. The key is knowing which system to pursue first.
Under the federal Longshore Act, you can choose your own physician for medical care and treatment. State workers' compensation doesn't give you this choice. In most cases, the best initial strategy is pursuing your case under federal law so you control your medical care.
But sometimes speed trumps medical choice.
You can get a hearing and decision much faster under South Carolina Workers' Compensation than under the federal system. When insurance carriers unlawfully deny your weekly temporary total disability benefits, filing for a state hearing might get you those crucial payments faster.
These are the much-needed benefits that help keep you afloat while you're treating with doctors and recovering from your injuries.
The 30-Day Deadline That Destroys Cases
Here's the most unforgiving deadline in maritime injury law: you have only 30 days to report your accident under the Longshore Act.
South Carolina Workers' Compensation gives you 90 days. Missing the federal deadline by even one day cuts your legal options in half.
You can still pursue state benefits if you report within 90 days, but you lose access to the federal system entirely. That means losing your right to choose your physician and potentially losing access to lifetime benefits.
After nearly 30 years of practice, these timelines go by faster than you think. Workers need to move with diligence to protect their rights under both systems.
Evidence Disappears By The Hour
Every hour that passes after your accident, critical evidence dies on the vine and disappears altogether.
Building a strong case starts at the beginning. You need eyewitnesses to the accident, people who heard it happen, and coworkers who saw you arrive healthy that morning and leave injured.
All of this helps prove your injuries came from the work accident and not somewhere else.
Modern businesses have cameras everywhere. Sending a spoliation letter to preserve video and photographic evidence of the accident scene can make or break your case. In the vast majority of cases, surveillance footage supports the worker's testimony about how the accident occurred.
When employers "accidentally" lose or delete video evidence, you get a powerful legal presumption. The law assumes that missing footage would have shown exactly what you claim happened during your accident.
The Million Dollar Difference
The financial stakes in these cases are staggering. Under South Carolina Workers' Compensation, injured workers face a cap of 500 weeks of benefits for permanent total wage loss.
Under the Longshore Act, you can argue wage loss for your entire lifetime using life expectancy as the benchmark.
For a younger worker with a career-ending injury, this difference between 500 weeks and lifetime benefits can represent hundreds of thousands or even over a million dollars.
Even partial wage loss cases regularly reach hundreds of thousands of dollars, and frequently exceed a million dollars in value.
When Insurance Companies Fight Back
Insurance companies routinely deny legitimate claims without much basis for doing so. After three decades of practice, one pattern emerges clearly: these denials happen often, but when cases are developed properly, most can be overcome.
Insurance companies attempt to starve out injured workers and drive them back to work while hurt. They want to avoid paying weekly temporary total disability benefits.
Total wage loss cases require a host of medical and vocational experts to prove your claim. Even when you can't establish total wage loss, partial wage loss arguments often result in significant recoveries.
You go where the law and facts take you, but the financial recovery potential makes proper case development crucial.
Moving Forward With Your Claim
The concurrent jurisdiction established by federal law gives South Carolina maritime workers unique advantages. You have access to two compensation systems instead of one.
The key is understanding how to use both systems strategically based on your specific circumstances.
Remember the critical deadlines: 30 days for federal coverage, 90 days for state coverage. Missing the federal deadline cuts your options in half and potentially costs you lifetime benefits.
Evidence preservation starts immediately. Every hour matters when it comes to witness statements, surveillance footage, and documentation.
Your maritime injury claim has built-in advantages that most workers never discover. The question is whether you'll use them before time runs out.
