If you are a land-based maritime worker injured on the job, you may be eligible for compensation under the Longshore & Harbor Worker’s Compensation Act (the “Act”).
Dock and harbor workers can be severely or catastrophically injured in forklift accidents, cargo accidents, crane accidents, falls, or slip-and-trips, just to name a few. You need an experienced maritime attorney to get you compensation after your injury.
The Act covers a variety of maritime workers working on piers, wharfs, docks, terminals, and other areas used to build, load, unload, or repair vessels used on navigable waters. This applies to traditional maritime occupations such as longshoremen, ship repairers, shipbuilders, ship breakers, harbor construction workers, and stevedores, but non-maritime workers may also be covered if they perform their work on navigable water and their injuries occur there.
The Act specifically excludes seamen and seafarers, because they are covered by the Jones Act, which is mutually exclusive from the Longshore & Harbor Worker’s Compensation Act. Our maritime trial attorneys have decades of experience handling these claims and know whether you are covered by the Jones Act as a seafarer or by the Longshore & Harbor Worker’s Compensation Act.
The Longshore & Harbor Worker’s Compensation Act provides financial compensation for:
- Injury caused by an accident
- Injury caused by unsafe working conditions
- Diseases arising from employment or injury
- Aggravation of pre-existing conditions
Generally, a worker covered under the Act is entitled to temporary compensation benefits of two-thirds of his average weekly wage while undergoing treatment, and then either to a scheduled award or two-thirds of the worker’s loss of wages or wage-earning capacity. In addition, you may have claims against a shipowner that caused your injuries. Shipowners owe three specific duties to longshoremen and harbor workers who come aboard their vessels. Breaching any of the following duties may result in liability:
- Turnover duty: This relates to the condition of the vessel, which must be “reasonably safe,” when it is turned over to the longshoreman’s employer.
- Active control duty: This means the shipowner has to exercise reasonable care to prevent injuries that are under the vessel’s control.
- Duty to intervene: This relates to the shipowner’s responsibility to intervene and fix any dangerous conditions that the longshoreman’s employer does not know about or cannot fix.
These claims are complex. You need an experienced maritime attorney on your side to get you compensation after an accident. Our maritime trial attorneys in Miami, Florida, have experience handling claims under the Act, spanning many decades. We have recovered millions of dollars for our clients who were injured or killed. Contact us today to get the justice you deserve.
Offshore workers routinely suffer severe and catastrophic injuries at work.
Oil and gas workers and others employed in the maritime industries are exposed to extremely dangerous conditions. These include:
- Exposure to toxic chemicals
- Eye injuries
- Diving accidents
- Lifting accidents
Our firm has experience handling offshore accident injury claims. If you or a loved one was severely injured in an offshore accident, call us today.