What is a 905(b) Longshore Negligence Claim?

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. 

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At Armstrong Lee & Baker LLP, our attorneys advocate for injured workers. We understand the complex differences between maritime law and land-based employment law and 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.

Grounds for a 905(b) Negligence Claim

Common scenarios leading to 905(b) claims often involve unsafe working conditions, defective equipment, and inadequate training or supervision. Here’s some brief information on each.

Unsafe Working Conditions

Unsafe working conditions are a primary ground for 905(b) claims. These conditions can include hazards such as slippery decks, unmarked obstacles, or lack of proper safety gear. Vessel owners must maintain a safe environment. Failure to do so can constitute negligence.

Defective Equipment

Defective equipment is another frequent cause of injuries. Examples include malfunctioning cranes, winches, or other machinery crucial to longshore operations. If vessel owners fail to repair or replace faulty equipment, they may be liable for any resulting injuries.

Inadequate Training or Supervision

Inadequate training or supervision of crew members can also lead to accidents. For example, if a vessel owner allows untrained personnel to operate complex machinery or fails to provide adequate oversight, they could be negligent.

Examples of Negligence by Vessel Owners

Examples of vessel owner negligence include not adhering to safety protocols, ignoring maintenance schedules, or failing to address known hazards. These actions (or inactions) can create dangerous environments, leading to severe injuries.

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.

Tactics the Insurance Company May Use to Deny Your 905(b) Longshore Negligence Claim

Insurance companies often employ various tactics to deny 905(b) Longshore negligence claims. These tactics include:

• Disputing the severity of the injury, suggesting that it is less serious than you claim. The insurer may also argue that you were already hurt before the accident.
• Arguing that the injury didn’t occur within the scope of employment and asserting that it happened outside work duties or off-site. 
• Questioning your credibility or the credibility of witnesses. The insurer might also challenge the evidence, claiming insufficient proof of negligence or faulty equipment. 
• Argue the vessel owner put safety measures in place and that the injury resulted from your negligence or misconduct. 

How a Skilled Maritime Lawyer Can Defeat Those Tactics

A skilled Houston maritime lawyer with Armstrong Lee & Baker LLP can overcome the above-mentioned tactics. Here are some ways they’ll work to do precisely that. 

Questioning Your Injury’s Severity

Your lawyer can present comprehensive medical records and expert testimony to establish the extent of your injuries and their impact on your life to counter the insurance company’s argument about how badly you’ve been hurt. 

Scope of Employment

Suppose the insurance company disputes whether the injury occurred within the scope of employment. In that case, your attorney can gather evidence, such as witness statements, work logs, and incident reports, to demonstrate that the injury happened during work-related activities.

Witness Credibility

Your maritime lawyer will meticulously prepare you and witnesses for depositions and court appearances, ensuring consistent and credible testimonies. To challenge the credibility of witnesses or the injured party, 

Safety Measures

By compiling detailed evidence, including maintenance records and expert analysis of equipment, your Armstrong Lee & Baker LLP maritime lawyer can effectively counter claims that proper safety measures were in place or that the injury was due to your negligence.

A skilled attorney will also work to identify and expose any discrepancies or unfair practices in the insurance company’s investigation. By leveraging their knowledge of maritime law and precedents in similar cases, they can build a solid case highlighting the vessel owner’s negligence and your claim’s legitimacy.

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.

Scott Armstrong

Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf, recovering millions for them. Our lawyers have 25+ years of combined experience.

Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.

Get in touch with Scott Armstrong now.