Filing a Lawsuit After a Port Injury: Longshoremen Guide

Here is the short answer. If you were hurt working a port, your benefits normally come through the Longshore and Harbor Workers’ Compensation Act (LHWCA), and that system generally does not let you sue your own employer. A lawsuit is still on the table against someone else whose carelessness helped cause the injury, such as a vessel owner, an outside contractor working the same dock, or the company that made the equipment that failed. That is called a third party claim, and it can run at the same time as your benefits. It also reaches losses the benefit system never pays, including pain and suffering.

I am Mark Hirsch, and I handle longshore injury claims for dock and terminal workers. The question I hear most is whether taking benefits closes the door on a lawsuit, and the answer is that they are two separate tracks. By the end you will know which port injuries come up most, when a lawsuit is actually on the table, the steps to take right after an accident, and what an experienced lawyer does with a claim like this.

Common Port-Related Injuries for Longshore Workers

Longshore workers frequently face various types of injuries due to the physical nature of the job. Common injuries include:

• Back and spinal injuries: Heavy lifting and repetitive strain can lead to severe back and spinal issues that may require long-term treatment.
• Crushed limbs or amputation: The proximity to heavy machinery and moving cargo creates a significant risk for accidents, which can result in crushing injuries or even amputations.
• Slips, trips, and falls: Port surfaces are often uneven, wet, or cluttered, increasing the likelihood of slip-and-fall accidents that can lead to broken bones, head trauma, or worse.
• Head and brain injuries: Falling objects, such as cargo or tools, pose a serious risk to longshore workers, often resulting in traumatic brain injuries.

These injuries can have life-altering consequences, and in some cases, longshore workers may not receive adequate compensation through workers’ compensation alone. This is where a lawsuit comes in.

When Should You Consider Filing a Lawsuit?

Most longshore workers rely on the protections provided by the Longshore and Harbor Workers’ Compensation Act (LHWCA) to cover medical bills, rehabilitation, and lost wages. However, if an injury is caused by the negligence of a third party or an employer’s failure to follow safety regulations, a lawsuit may be necessary to ensure full compensation.

Here are scenarios where filing a lawsuit could be an option:

• Employer negligence: If your injury was caused by an employer failing to provide a safe working environment or maintain proper safety protocols, you may have grounds for a lawsuit.
• Third-party liability: If a contractor or equipment manufacturer’s negligence contributed to your injury, you may be able to file a third-party claim in addition to your workers’ compensation benefits.
• Severe injuries: In cases where the injury results in long-term or permanent disability, additional compensation may be needed beyond what is provided under workers’ compensation.

How to File a Lawsuit After a Port Injury

If you’re considering filing a lawsuit after a port injury, it’s essential to follow the right steps to protect your legal rights:

• Document the incident: Immediately after the accident, document everything you can: take photos of the site, write down the names of any witnesses, and report the incident to your supervisor.
• Seek medical attention: Even if the injury seems minor, seek medical attention immediately. Proper medical documentation is crucial for any future claims.
• Consult a lawyer: Reach out to an experienced longshore injury attorney to discuss your case. A lawyer will help assess the situation, determine if you have grounds for a lawsuit, and guide you through the legal process.

Why Hire a Professional Longshore Injury Lawyer?

Navigating the legal process after a port injury can be overwhelming, especially when dealing with complex laws like the LHWCA and potential third-party claims. A professional longshore injury lawyer can help by:

• Understanding the law: Longshore and maritime laws are intricate, and an attorney with experience in longshore injury cases can ensure that your rights are fully protected.
• Maximizing compensation: An attorney will know how to calculate the full value of your claim, ensuring you receive compensation for medical bills, lost wages, future earnings, and pain and suffering. For a general idea on what your claim may be worth click to view the official disability compensation for Longshoremen.
• Compensation payment options: There are multiple ways you may be compensated for you claim. View the different compensation options so you can be prepared for any circumstance.
• Negotiating with insurance companies: Insurance companies often try to settle claims for less than they’re worth. Check the insurance policy requirement here. An attorney will negotiate on your behalf, ensuring you’re not taken advantage of.

Templer & Hirsch is here for you!

If you’re a longshore worker who’s been injured on the job, we highly recommend an experienced law firm for longshoremen injuries like Templer & Hirsch. With extensive experience in longshoreman cases, their team specializes in helping injured workers secure the compensation they deserve. They understand the complexities of maritime and port injury laws and are dedicated to fighting for your rights.

Filing a lawsuit may feel daunting, but it’s often the best way to protect yourself after a severe port injury. Don’t hesitate to reach out for professional legal guidance to ensure you’re fully compensated and on the road to recovery.

For more information or to schedule a free consultation with Templer & Hirsch today!

This is general information, not legal advice; consult an attorney about your situation.