If you are injured while working on or around the waterfront, your legal rights are very different from those of most injured workers. Longshoremen, harbor workers, shipbuilders, terminal employees, and other maritime workers are often covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA) instead of traditional state workers’ compensation laws.
Unfortunately, many injured maritime workers are told they only have a workers’ compensation claim. In reality, depending on how the accident occurred, they may also have claims against negligent vessel owners, contractors, equipment manufacturers, or other third parties.
At Gilman & Allison, LLP, our attorneys represent injured maritime workers and businesses throughout Texas in complex maritime matters. Understanding what happens after a longshore accident can help protect your rights from day one.
Step 1: Seek Immediate Medical Treatment
Your health always comes first.
After a longshore accident, report your injury immediately and seek appropriate medical care. Depending on the severity of the injury, this may include emergency treatment, hospitalization, surgery, or follow-up care.
Common longshore injuries include:
- Crane accidents
- Container strikes
- Forklift accidents
- Slip and falls
- Gangway failures
- Falling cargo
- Heavy equipment accidents
- Crush injuries
- Chemical exposure
- Burns and explosions
- Back and neck injuries
- Traumatic brain injuries
Prompt medical documentation also creates an important record connecting your injuries to the workplace accident.
Step 2: Report the Injury
Under the LHWCA, injured workers generally must provide notice of the injury to their employer within 30 days. While there are exceptions, delaying notice can create unnecessary disputes.
When reporting the accident:
- Explain exactly how the injury occurred.
- Identify witnesses.
- Report every injured body part.
- Request a copy of any incident report if available.
Do not assume minor injuries will resolve on their own. Symptoms often worsen over time.
Step 3: Determine Whether the LHWCA Applies
Not every waterfront employee is covered by the LHWCA.
Coverage generally depends upon both the worker’s status and location.
Employees commonly covered include:
- Longshoremen
- Harbor workers
- Ship repairers
- Shipbuilders
- Shipbreakers
- Marine terminal employees
- Cargo handlers
- Certain offshore workers
Determining coverage is often one of the first legal issues in any maritime injury case.
Step 4: Receive LHWCA Benefits
If your injury is covered, you may be entitled to benefits including:
Medical Benefits
The employer or its insurance carrier generally pays reasonable and necessary medical treatment related to your work injury.
Disability Benefits
Depending upon your injuries, benefits may include:
- Temporary Total Disability
- Temporary Partial Disability
- Permanent Partial Disability
- Permanent Total Disability
The amount depends upon your average weekly wage and the extent of your disability.
Step 5: Investigate Whether Someone Other Than Your Employer Caused the Accident
This is one of the most overlooked aspects of maritime injury cases.
While the LHWCA generally prevents lawsuits against your employer, it does not necessarily prevent lawsuits against third parties.
Potential defendants may include:
- Vessel owners
- Charterers
- Stevedoring companies
- Terminal operators
- Equipment manufacturers
- Crane companies
- Contractors
- Maintenance companies
A thorough investigation should identify every potentially responsible party.
Step 6: Determine Whether You Have a Vessel Negligence Claim Under Section 905(b)
One of the most important questions is whether the accident involved a vessel.
Section 905(b) of the LHWCA permits many injured longshore workers to bring negligence claims against vessel owners when the vessel breaches duties recognized under maritime law.
These duties often include:
The Turnover Duty
The vessel must exercise reasonable care to turn over the vessel and its equipment in a reasonably safe condition and warn of latent hazards known to the vessel that are not open and obvious.
The Active Control Duty
If the vessel owner actively controls an area or operations, it must exercise reasonable care to prevent injuries.
The Duty to Intervene
Under limited circumstances, the vessel owner must intervene when it knows of an unreasonable danger during stevedoring operations and the stevedore is not addressing it.
Whether these duties were breached depends on the specific facts of each case.
Step 7: Preserve Evidence Immediately
Evidence can disappear quickly after a port accident.
Important evidence includes:
- Photographs
- Surveillance video
- Vessel logs
- Safety manuals
- Maintenance records
- Inspection reports
- Witness statements
- OSHA investigations
- Coast Guard reports
- Cargo records
Early investigation often determines the success of the case.
Step 8: Understand the Difference Between an LHWCA Claim and a Lawsuit
Many injured workers believe filing an LHWCA claim prevents them from filing a lawsuit.
That is not always true.
An LHWCA claim provides statutory benefits through your employer’s insurance carrier.
A third-party lawsuit seeks compensation from someone other than your employer whose negligence caused the injury.
In many cases, both claims may proceed simultaneously.
Common Longshore Accident Locations
Our attorneys regularly handle matters involving accidents occurring at:
- Container terminals
- Shipyards
- Marine terminals
- Offshore supply docks
- Refineries adjacent to navigable waters
- Cargo facilities
- Bulk terminals
- Port warehouses
- Grain elevators
- Oil and gas terminals
Texas ports, including the Port of Houston, Port of Corpus Christi, Port of Galveston, Port of Beaumont, and Port of Freeport, handle millions of tons of cargo each year, making workplace safety a constant priority.
Frequently Asked Questions
Can I sue my employer?
Generally, the LHWCA provides the exclusive remedy against your employer for covered injuries. However, you may have claims against third parties depending on the circumstances.
Can I sue the vessel owner?
Possibly. Section 905(b) allows negligence claims against vessel owners in certain situations involving breaches of duties recognized under maritime law.
Do I choose my own doctor?
The LHWCA generally gives injured workers significant rights regarding the selection of an authorized treating physician, subject to the Act and applicable regulations.
What if I cannot return to work?
Depending on the extent of your injuries, you may qualify for temporary or permanent disability benefits. In addition, if a negligent third party caused the accident, you may be entitled to seek additional damages through a lawsuit.
How long do I have to file a claim?
Deadlines under the LHWCA and for third-party maritime lawsuits differ. Waiting too long may jeopardize important rights, so it is important to seek legal guidance promptly.
Why Experienced Maritime Counsel Matters
Longshore accident cases often involve multiple legal frameworks, including the Longshore and Harbor Workers’ Compensation Act, general maritime law, vessel negligence under Section 905(b), and federal court procedures. Determining which laws apply requires a careful analysis of the facts, the worker’s status, the location of the injury, and the involvement of any vessel or third party.
At Gilman & Allison, LLP, our attorneys have decades of combined maritime experience representing clients in maritime injury claims, vessel negligence actions, LHWCA matters, Jones Act cases, maritime business litigation, and other complex admiralty disputes throughout Texas and the Gulf Coast.
If you have been injured while working on or around the waterfront, understanding your legal rights early can make a significant difference in protecting your claim.