If you were injured while working on a pier or dock, you deserve injury compensation from your employer. You may face expensive medical bills and lack the ability to work, so receiving injury compensation can make a big difference for you and your family.
At Armstrong Lee & Baker LLP, our attorneys advocate for injured workers. We know the complex differences of maritime law versus land-based employment law, and we help injured workers obtain maximum compensation.
Here, we will explain one provision of the Longshore and Harbor Workers’ Compensation Act, a federal law that allows injured workers to file a personal injury lawsuit.
What Is the Longshore and Harbor Workers’ Compensation Act?
The Longshore and Harbor Workers’ Compensation Act protects maritime workers who are not covered by the Jones Act (another federal maritime law).
The LHWCA covers workers injured or killed while working on a pier, wharf, dock, or adjoining location in navigable waters of the United States. It allows them to recover injury compensation.
The more than 3,700 marine terminals in the U.S. play an important role in the American economy, moving $500 billion worth of cargo each year. This heavy volume of traffic means that many longshoremen put their health at risk while working at these docks.
Harbor workers deserve fair compensation when they suffer a workplace accident.
What Is a 905(b) Claim?
Section 905(b) of the LHWCA allows workers injured due to negligence of the vessel owner to file a third-party injury claim.
While the LHWCA in general functions like workers’ compensation, providing only limited damages, Section 905(b) allows for a personal injury lawsuit in the event of negligence. If your employer also owns the vessel where you worked, you can sue your employer for your injuries caused by their negligence.
What Compensation Can You Recover?
The LHWCA provides only meager compensation to injured maritime workers. After a maritime accident, workers who are eligible to file suit under the LHWCA can recover these damages:
- A portion of lost wages;
- Payment for partial or total disability; and
- Medical bill reimbursement.
However, if a worker files a longshore claim under Section 905(b), their potential compensation increases dramatically. Section 905(b) negligence lawsuits can pursue the following damages:
- Lost wages;
- Medical bills; and
- Pain and suffering.
Allowing accident victims to pursue pain and suffering damages can significantly increase the compensation available. Therefore, injured employees should consult a knowledgeable maritime attorney to determine if they are eligible for a 905(b) longshoreman claim.
Contact an Experienced Maritime Lawyer
If you were injured in a workplace accident on a pier, dock, or adjacent area, you should contact a skilled maritime lawyer. Maritime law differs from land-based employment law, and it is important to find a lawyer who understands the complex differences.
At Armstrong Lee & Baker LLP, our attorneys help Houston workers injured in maritime accidents. We fight for your fair compensation and willingly challenge even the largest companies with a longshore claim.
Contact our maritime injury attorneys today for a free consultation to discuss your accident experience and learn your legal options for obtaining compensation.