If you are a land-based maritime worker injured on the job, you may be eligible for compensation akin to workers compensation under the Longshore & Harbor Workers Compensation Act (the “Act”).In certain circumstances, you may also be able to sue for damages under § 905(b) of the Act. Dock and harbor workers can be severely or catastrophically injured in forklift accidents, cargo accidents, crane accidents, falls, or slip-and-trips. You need an experienced maritime attorney to get you full compensation after your injury.
The Act covers a range of individuals who work on piers, wharfs, docks, terminals, and other areas used to build, load, unload, or repair vessels used on navigable waters. This includes traditional maritime occupations such as longshoremen, ship repairers, shipbuilders, ship breakers, harbor construction workers, and stevedores. Non-maritime workers may also be covered if they perform their duties on navigable waters and their injuries occur there.
905(b) of the Act
Section 905(b) allows an injured maritime worker to file a third-party tort claim against a vessel owner based on the vessel's negligence. This section is separate from standard compensation benefits under the Act. Instead, an action under Section 905(b) is a type of third-party tort claim.
Under Section 905(b) a vessel owner owes the following duties:
- Turnover Duty: the vessel owner must exercise ordinary care under the circumstance so that it turns over the vessel and its equipment in such condition that a maritime worker can carry on their operations. This includes warning of hidden dangers that are or should be known to the vessel owner but are not obvious to the worker.
- Active Control Duty: liability under this duty depends on whether the vessel owner exposes a maritime worker to hazards in areas where it retains “active control” over any part of operations.
- Duty to Intervene: the vessel owner has a duty to intervene only when it has “actual knowledge” of a dangerous condition and of a maritime worker’s failure to correct that dangerous condition.
If you have been injured due to a vessel owner’s failure to uphold their duties under Section 905(b) of the Longshore and Harbor Workers' Compensation Act, it is essential that you understand your rights and seek legal guidance. Our firm is here to help. We have experience handling complex maritime injury claims and will work diligently to hold the parties responsible accountable, ensuring you receive the compensation you deserve. Contact us today for a consultation and let us help you navigate the legal process with confidence.
