How can I pay for an attorney to fight for my benefits under the Longshore and Harbor Workers Compensation Act (LHWCA)?
When the employer/carrier declines to pay benefits to the claimant within 30 days after receiving written notice of the claim, on the grounds that there is no liability for compensation, and the claimant then uses the services of an attorney in a successful prosecution of the claim, the employer/carrier becomes responsible for reasonable attorneys' fees in addition to benefits payable to the claimant.
Attorneys' fees may not be based on any contingency contract representing a percentage of the benefits obtained. Further, fees must be approved by the District Director and Administrative Law Judge for the respective attorney work before them in accordance with the provisions of the LHWCA.