Understanding Your Rights as an Injured Longshoreman
Every day, longshoremen and dockworkers keep Texas ports moving — loading and unloading ships, operating forklifts, and securing cargo across the Houston Ship Channel, Barbours Cut, Bayport, Texas City, Galveston and Corpus Christi.
When accidents happen on the docks, the injuries are often serious — and your employer or terminal operator may not explain your rights under federal maritime law.
At Gilman & Allison, LLP, our maritime attorneys represent injured longshoremen and harbor workers under the Longshore and Harbor Workers’ Compensation Act (LHWCA). We help you recover the benefits and compensation you’re owed when unsafe conditions, poor training, or equipment failures cause injuries on the job.
Frequently Asked Questions for Injured Longshoremen
What is the Longshore and Harbor Workers’ Compensation Act (LHWCA)?
The LHWCA is a federal law that protects maritime workers injured while working on or near navigable waters — including docks, terminals, piers, shipyards, and loading facilities. It provides compensation for medical care, lost wages, and permanent disabilities caused by workplace accidents.
Who qualifies for benefits under the LHWCA?
You may qualify if you:
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- Work on the water or adjacent areas used for loading, unloading, or ship repair, and
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- Are not considered a “seaman” under the Jones Act.
This includes longshoremen, crane operators, riggers, mechanics, forklift drivers, stevedores, and terminal workers at ports across the Texas Gulf Coast.
What types of injuries are covered by the LHWCA?
Common injuries include:
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- Back, neck, and shoulder injuries from lifting or twisting
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- Forklift and heavy-equipment accidents
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- Slip-and-fall injuries on wet decks or terminals
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- Crush injuries between containers or machinery
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- Burns and chemical exposure at refineries and port facilities
Our attorneys ensure your claim accounts for all long-term medical needs and lost earning capacity.
Can I sue my employer for negligence under the LHWCA?
Generally, the LHWCA provides a no-fault system, meaning you receive benefits without proving negligence.
However, you can file a third-party claim against a negligent vessel owner, equipment manufacturer, or contractor under Section 905(b) of the LHWCA. These claims can significantly increase your recovery.
What is a 905(b) claim?
Section 905(b) allows injured longshoremen to sue a vessel owner if their negligence caused your injury — for example, unsafe loading operations, defective ladders, or failure to warn of hazards. Gilman & Allison has successfully litigated 905(b) vessel-negligence cases throughout the Gulf Coast.
What benefits can I receive under the LHWCA?
Eligible workers can receive:
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- Medical treatment for all injury-related conditions
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- Temporary total disability (TTD) benefits while you can’t work
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- Permanent partial or total disability benefits for lasting injuries
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- Vocational rehabilitation if you can’t return to your previous job
Our team helps make sure you get the full amount owed — not the minimum the insurer tries to pay.
What if my employer or insurer denies my longshore claim?
If your employer’s insurance company denies or undervalues your claim, you have the right to appeal through the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP).
Gilman & Allison can represent you through every stage — from OWCP mediation to formal hearings before an Administrative Law Judge.
How long do I have to file a longshore claim?
You generally have one year from the date of your injury (or last employer-paid benefits) to file an LHWCA claim.
Don’t delay — missing the deadline could permanently bar your right to benefits.
What if I’m injured while loading a ship or working around a vessel?
If your work directly involves loading or unloading a vessel, you likely qualify for LHWCA coverage, and possibly a 905(b) claim if the vessel crew was negligent.
Our attorneys handle dockside and shipboard injury cases daily across Bayport, Galveston, Texas City, and Corpus Christi.
Can I receive both LHWCA and state workers’ comp benefits?
No — the LHWCA replaces state workers’ compensation for maritime employment near navigable waters.
If your employer misclassifies you or tries to deny federal coverage, we’ll make sure your claim is filed correctly and your federal benefits are protected.
How Gilman & Allison, LLP Helps Injured Longshoremen
Our firm has decades of experience representing ILA members, port workers, and longshoremen across the Texas Gulf Coast.
We understand port operations, cargo procedures, and the complex overlap between federal maritime and state laws.
When you hire Gilman & Allison, we:
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- Investigate port and vessel safety violations
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- Gather witness statements, OSHA reports, and equipment logs
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- Handle all communication with employers and insurers
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- Pursue 905(b) negligence claims against vessel owners
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- Ensure you receive every dollar of compensation available under federal law
You pay nothing unless we win your case.
Contact a Texas Longshoreman Injury Lawyer Today
If you’ve been injured working on the docks, terminals, or vessels along the Gulf Coast, contact Gilman & Allison, LLP today for a free consultation:
Houston Office: (713) 224-6622
Corpus Christi Office: (361) 357-8365
We proudly represent longshoremen and maritime workers injured across Houston, Baytown, La Porte, Pasadena, Texas City, Galveston, Port Arthur, and Corpus Christi.
