--- title: 8 Reasons Employers Should Think Twice Before Taking a Longshore Claim to Court description: Before taking a claim to court, employers need to fully understand the risks associated with litigation. image: https://blog.amequity.com/hubfs/Imported_Blog_Media/istock-126236054-lr2bbbb58347e1463697293440e7f4f6d3-Jun-17-2022-07-14-23-99-PM.jpg --- - [Report a Claim](https://www.amequity.com/report-a-claim) - [Member Login](https://www.amequity.com/log-in) [![Amequity](https://blog.amequity.com/hs-fs/hubfs/raw_assets/public/Amequity_Feb2022/images/AEU-full-logo-color.png?width=252&height=81&name=AEU-full-logo-color.png "Amequity")](https://www.amequity.com/) - [Coverage](https://www.amequity.com/coverage) - Resources - [Safety Resources](https://www.amequity.com/resources/safety-resources) - [Claims Resources](https://www.amequity.com/resources/claims-resources) - [Medical Management Resources](https://www.amequity.com/resources/medical-management-resources) - [Leadership Training](https://www.amequity.com/resources/leadership-training) - [Advisory Services](https://www.amequity.com/resources/advisory-services) - [Events](https://www.amequity.com/events) - [Blog & Podcast](https://blog.amequity.com/) - [Join Our Mailing List](https://www.amequity.com/join-our-mailing-list) - Who We Are - [About AEU](https://www.amequity.com/who-we-are/about-aeu) - [Newsroom](https://www.amequity.com/who-we-are/newsroom) - [Leadership](https://www.amequity.com/who-we-are/leadership) - [Careers](https://www.amequity.com/who-we-are/careers) - [Contact](https://www.amequity.com/contact) Longshore Insider All other pages Jan 31, 2022 # 8 Reasons Employers Should Think Twice Before Taking a Longshore Claim to Court ![8 Reasons Employers Should Think Twice Before Taking a Longshore Claim to Court](https://blog.amequity.com/hubfs/Imported_Blog_Media/istock-126236054-lr2bbbb58347e1463697293440e7f4f6d3-Jun-17-2022-07-14-23-99-PM.jpg) The optimal outcome for a workers’ compensation claim is the injured worker returning to his pre-injury employment. Fortunately, that outcome is achieved in most of the claims that we receive at AEU. These positive results are realized when: - Employers timely and fully report injuries while showing concern for their employees - The assigned claims specialist strives to get the injured worker the best possible care, builds a rapport with all parties through good communication, and works to find resolutions for issues that may arise along the way Some disputes cannot be resolved absent a full claim settlement. Due to the inherent nature of a settlement, it’s nearly impossible for all parties to be 100% satisfied with the outcome. It’s been said (and disputed as to the origin) that a good compromise is when the parties are equally unhappy. So, what happens if either of the parties is so unhappy with a potential resolution that they are unwilling to enter into a settlement agreement? There are two options. **You could resolve the issue(s). **For example, let’s say an injured worker has an accepted knee injury and is claiming that his back is also injured. The employer and carrier could accept the back as compensable, but with that comes an unknown amount of additional exposures: additional temporary compensation, additional medical benefits including surgery, and possible permanent restrictions. **Alternatively, you could b****ring the issues to trial and let an Administrative Law Judge (ALJ), and potentially appeal judges, rule on the issues. **While this second option may seem attractive, it’s important to remember some these 8 key issues when trying a longshore claim in court: There are claims that are clearly worth seeing through the litigation process. If an employer and its insurance carrier plan to try a longshore workers’ compensation claim, they need to understand the costs and the risks involved. Above all, it’s important to realize that the Longshore Act is designed and liberally construed to protect injured workers, *not* employers and carriers.   *This article was originally published February 3, 2020 in the* Longshore Insider*.* [![Need Longshore Coverage? Click Here](https://no-cache.hubspot.com/cta/default/21001141/4124b689-df59-4626-adb4-e97478e404ba.png)](https://cta-redirect.hubspot.com/cta/redirect/21001141/4124b689-df59-4626-adb4-e97478e404ba) ### Share: - [![Tell a Friend](https://blog.amequity.com/hubfs/raw_assets/public/Amequity_Feb2022/images/share-icon.png)](mailto:?&subject=8%20Reasons%20Employers%20Should%20Think%20Twice%20Before%20Taking%20a%20Longshore%20Claim%20to%20Court&body=https://blog.amequity.com/longshore-insider/article/8-reasons-employers-should-think-twice-before-taking-a-longshore-claim-to-court) - ![Post to LinkedIn](https://blog.amequity.com/hubfs/raw_assets/public/Amequity_Feb2022/images/linkedin-icon.png) - ![Share to Facebook](https://blog.amequity.com/hubfs/raw_assets/public/Amequity_Feb2022/images/facebook-icon.png) - ![Share on Twitter](https://blog.amequity.com/hubfs/raw_assets/public/Amequity_Feb2022/images/Twitter-icon.png) ## About the Author Will Scheffler joined The American Equity Underwriters, Inc. in 1998 and serves as Senior Vice President, Director of Claims. His insurance experience began in 1993 with F.A. Richard (FARA) and continued with the ALMA branch (now AEU) in 1998. He has been a speaker at Loyola Law School’s Annual Longshore Conference, U.S. Department of Labor seminars, and ALMA conferences. Will is licensed as an adjuster in Maine, Alabama, and Louisiana and is a licensed Qualified Manager in California. He serves on the Advisory Board for Loyola’s Annual Longshore Conference and the board of the Longshore Claims Association. Will received his bachelor’s degree from Louisiana State University and earned the CPCU and AIC designations from The Institutes. ## Related Topics [Claims](https://blog.amequity.com/longshore-insider/article/tag/claims) ## More Resources Aug 25, 2025 #### [Navigating the Claims Process: Why Immediate Reporting Matters](https://blog.amequity.com/longshore-insider/article/navigating-the-claims-process-why-immediate-reporting-matters) Aug 12, 2024 #### [Digital Solutions for Injured Workers](https://blog.amequity.com/longshore-insider/article/digital-solutions-for-injured-workers) Dec 11, 2023 #### [3 Things You May Not Know About Informal Conferences](https://blog.amequity.com/longshore-insider/article/3-things-you-may-not-know-about-informal-conferences) Oct 16, 2023 #### [Time Limit for Filing a Claim](https://blog.amequity.com/longshore-insider/article/time-limit-for-filing-a-claim) Aug 14, 2023 #### [Form LS-202, Employer’s First Report of Injury or Occupational Illness](https://blog.amequity.com/longshore-insider/article/form-ls-202-employers-first-report-of-injury-or-occupational-illness) ## Legal Disclaimer Views expressed here do not constitute legal advice. The information contained herein is for general guidance of matter only and not for the purpose of providing legal advice. Discussion of insurance policy language is descriptive only. Every policy has different policy language. Coverage afforded under any insurance policy issued is subject to individual policy terms and conditions. Please refer to your policy for the actual language. 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