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What happens if I filed a state workers’ compensation or Longshore-Harbor Workers Compensation Act claim first?

April 26, 2017ACT claim compensation filed happens longshore-harbor State workers compensation

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What happens if I filed a state workers’ compensation or Longshore-Harbor Workers Compensation Act claim first?

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If you first file a claim under a different legal remedy, such as the LHWCA and find that you are not entitled to recovery under that theory of law, you may run out of time to file a Jones Act claim. Furthermore, because dual recovery is not allowed, filing a claim under a state’s workers’ compensation statutes may bar your recovery under the Jones Act. If you have mistakenly filed a claim under another theory of law, call us immediately so that we may correct things.