Longshore Accidents

The longshore field is an extensively skilled line of work that entails carrying heavy loads, rigging cargo, and operating large equipment. Longshoremen and dock workers are responsible for packing and unpacking cargo from ships, trucks, and other vessels across the East Coast ports and harbors. Usually, dockers use big equipment like cranes, transtainers, forklifts, tractors, and UTRs to load and unload large cargo.

Typically, longshore work is dangerous and poses various hazards that can cause severe injuries and even fatalities in some cases. If you're a longshore worker and cannot work due to injuries sustained at work, you may have a right to pursue compensation. The Longshore and Harbor Workers' Compensation Act – LHWCA allows longshoremen to seek medical benefits and other forms of settlements from the negligent party.

However, some longshore cases can be complex, especially if the case's circumstances are unclear. At Ben Bowden, PC, we are committed to helping longshore workers pursue fair compensation under the LHWCA law. We have extensive knowledge of longshore laws and can build an aggressive case to ensure you get the best legal representation possible.

Need help? Talk to the leading Mississippi longshore accident attorney, Ben Bowden, to get started.

The Longshore and Harbor Workers' Compensation Act

The LHWCA was launched in 1927 to protect the rights of dockworkers, maritime, and longshoremen. This law focuses on the rights of workers who suffer workplace injuries while working on water in the United States.

It covers all the workers and personnel building vessels, loading and unloading cargo, repairing the ship, and other vessel-related tasks. Any work done at terminals, piers, dry docks, and wharves is also covered by this law. Furthermore, the LHWCA doesn't require you to prove negligence or fault to make a claim.

This means that if you've sustained injuries while on the job, you can file a compensation claim, regardless of who's at fault. Longshore accident attorneys at Ben Bowden, PC can help you navigate your case quickly to help you get the compensation you need to restore your everyday life.

Types of Longshore Accidents

Dock managers and ship owners have the sole responsibility of maintaining a safe and comfortable workplace for everybody. If the proper measures are not implemented, accidents can cause injuries and fatalities. The most common longshore accidents include:

  • Crane mishaps
  • Chemical exposure
  • Falling objects
  • Drowning
  • Falling from height
  • Equipment malfunctions
  • Amputations

Who is Covered by the Longshore Compensation Act?

There are a variety of injuries that are covered under the Act. Of course, every case is different, and the path to financial recovery may depend on the circumstances that caused your accident. Generally, however, the Longshore Compensation Act covers things such as:

  • Construction workers injured on marine structures
  • Shipbuilders and other craftsmen who are injured while doing maintenance work
  • Civilian workers who sustain injuries in war zones, mainly in Iraq and Afghanistan
  • Longshoremen and other workers carrying heavy cargo at ship terminals

To determine whether or not you have a case under the Longshore Compensation Act, you should speak with an experienced injury attorney about your accident.

Get an Experienced Mississippi Longshore Accident Attorney Today

If you need help with your longshore case, consult with an experienced Mississippi longshore accident attorney, Ben Bowden, for help. Get in touch by calling (228) 896-5652 and schedule your free consultation today.

Longshore Accidents FAQ

What Benefits Am I Entitled to Under the Longshore and Harbor Workers' Compensation Act (LHWCA)?

The Longshore and Harbor Workers' Compensation Act is the federal statute that provides workers' compensation for maritime employees who are injured while at work and are not eligible for compensation under state workers' compensation law.  

If you suffer an injury or illness related to your job duties, you may be entitled to a number of benefits under the LHWCA, including:

  • Compensation for medical care
  • Monetary compensation for lost earnings and loss of wage earning capacity
  • Payment for rehabilitation
  • Survivor benefits for family members in the event of death

Can I Sue My Employer If I Was Injured In A Longshore Accident?

Not usually. The exclusivity provision of the Longshore Act protects most 

Longshore employers from work-injury lawsuits. This means that injured longshore workers can only recover for work injuries under the Longshore Act. One exception is where the injured longshore workers’ employer is also the owner of a vessel on which the worker was injured. In that case, an injured worker may be able to recover under the Longshore Act as well as file a suit against the employer for negligence in its capacity as vessel owner. 

The Jones Act gives you some injury-related benefits and the right to sue your employer for injuries sustained on the job. You may also be eligible for compensation for damages caused by a vessel's unseaworthiness.

At Ben Bowden, Attorney at Law, we can help you by evaluating your case and determining your legal rights and options. They will also determine if you have a claim for negligence against your employer or other potentially liable party.

How Long Do I Have To File A Claim Under the LHWCA?

The statute of limitations in a Longshore and Harbor Workers' Compensation Act claim is three years. This means you have three years from the date of injury or illness to file your claim. Under the LHWCA, you must notify your employer of the accident within thirty days of its occurrence and file a formal claim for compensation within one year from the day of the injury or illness.

What Should I Do If I Was Injured In A Longshore Accident?

If you are injured in a Longshore accident, you should seek medical attention immediately. Once you receive medical care, it is time to file an incident report and inform all the necessary parties. Then you should contact our longshore accident attorney to discuss your legal options and potential compensation for damages.

What Types of Damages Can I Recover In A Longshore Accident Case?

There is a varying range of damages that you can recover in a longshore accident case under the LHWCA. These include medical expenses, loss of income, property damage, personal care costs, and the cost of living with a disability. In some cases, punitive damages may also be sought, especially if the employer's actions were negligent.

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Mr. Bowden has been a very good choice for us. He's taken care of things when we didn't have any idea where to turn. We highly recommend him.

Former Client | Personal Injury

Ben was awesome to work with. His assistant was able to address most of my questions during my case. Ben always found time to explain in layman’s terms how the court process worked. We won the case.

Former client

Mr. Bowden handled my workers' compensation case through trial and won big. He then filed a bad-faith case on the way my workers' compensation claim was wrongfully handled by the insurance company. I didn't even know I had that claim before he told me. I highly recommend Mr. Bowden. He took it to the other side at trial.

Former client | Workers Compensation

Ben has handled things for me for years. He has always done a great job. He comes to Lucedale to meet and that's been important to me.

Ben P.
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