Miami, Fort Lauderdale, Fort Pierce Longshore Injury Lawyer
Longshoremen play a vital role in the global economy, working hard to load and unload cargo ships at ports and harbors.
Unfortunately, the physical demands of the job can lead to injuries and long-term health problems.
If you are a longshoreman who has been injured on the job or is experiencing pain or discomfort due to your job duties, it may be time to consider hiring a longshore lawyer.
Who are Longshoremen?
Longshoremen are workers who load and unload cargo ships at ports and harbors.
Due to the nature of their work, longshoremen are at risk for a variety of injuries, including back injuries, repetitive strain injuries, and broken bones.
What is the Longshore and Harbor Workers’ Compensation Act?
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides benefits to longshoremen and other maritime workers who are injured on the job.
Under the LHWCA, longshoremen who are injured on the job may be entitled to medical treatment, disability payments, and rehabilitation services.
Longshoremen are at risk for a variety of accidents and injuries, including:
- Struck by falling objects, such as crates or containers.
- Crushed by heavy equipment or machinery.
- Trips, slips, and falls on wet or uneven surfaces.
- Repetitive strain injuries due to the physical demands of the job.
What to Do After an Accident:
If you are a longshoreman who has been injured on the job, it is important to take the following steps:
1. Report the injury to your employer as soon as possible: Failure to report the injury within a certain time frame could jeopardize your ability to receive benefits under the LHWCA.
2. Seek medical attention right away: Even if your injury seems minor, it is important to get checked out by a doctor to ensure that there are no underlying issues.
3. Document everything: Be sure to keep detailed records of your injury, including the date, time, and circumstances surrounding the accident.
4. Contact an experienced attorney: If your employer denies your claim for benefits under the LHWCA, or if you feel that you are not receiving the full benefits you are entitled to, it may be necessary to hire an attorney to fight for your rights. LHWCA is a specialized area of law, so make sure you Speak to someone that’s experienced in the type of law.
Ports:
Templer and Hirsch have helped longshoremen in Miami, Fort Lauderdale, and Fort Pierce, as well as throughout the United States.
Conclusion:
If you are a longshoreman who has been injured on the job or is experiencing pain or discomfort due to your job duties, it may be time to consider hiring a longshore lawyer.
Templer and Hirsch are experienced attorneys who specialize in longshore law and can help you navigate the workers’ compensation process, fight for your rights, and represent you in court if necessary.
Contact them at 305-937-2700 to schedule a consultation with a longshore lawyer today.
The LHWCA — What Florida Maritime Workers Should Know
Longshore injuries are governed by federal law, not Florida workers’ compensation. The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides higher benefit rates and broader coverage — but it has its own deadlines, procedures, and pitfalls.
Who Is Covered
The LHWCA (33 U.S.C. §901 et seq.) covers maritime employees injured on the navigable waters of the United States or in “adjoining areas customarily used by an employer in loading, unloading, repairing, or building a vessel.” That includes longshoremen, stevedores, harbor construction workers, ship repairers, and shipbuilders.
30-Day Notice and One-Year Filing Deadline
You must give written notice of injury to your employer within 30 days, and file a formal claim with the U.S. Department of Labor’s Office of Workers’ Compensation Programs within one year (33 U.S.C. §913). Occupational disease claims have a separate two-year discovery rule. Missing these deadlines almost always ends the claim.
LHWCA Benefits Are Higher Than State Comp
LHWCA pays medical care with no out-of-pocket cap, two-thirds of your average weekly wage up to the federal maximum (significantly higher than Florida’s state cap), permanent impairment compensation, vocational rehabilitation, and death benefits to surviving family. Maritime workers wrongly placed in Florida workers’ comp can lose tens of thousands in benefits.
Third-Party Claims Under Section 905(b)
The LHWCA is generally the exclusive remedy against your employer, but 33 U.S.C. §905(b) lets you sue the vessel owner for negligence outside the comp system. These third-party claims can recover full personal injury damages — including pain and suffering — on top of LHWCA benefits. We pursue both tracks in parallel where the facts support it.
Common Longshore Injuries at Florida Ports
Florida’s ports — Miami, Port Everglades, JAXPORT, Tampa Bay, Canaveral, and Palm Beach — move millions of tons of cargo annually. We’ve represented dock workers, stevedores, and ship repairers injured by:
- Falls from height — gangways, container stacks, ship decks, and ladders.
- Slip-and-fall on wet or oily decks caused by spills, weather, or inadequate cleanup.
- Crushing and struck-by injuries from containers, cranes, forklifts, and reach stackers.
- Cargo-handling injuries — back, shoulder, and knee injuries from awkward lifts and unstable loads.
- Equipment failures — broken hoists, failed rigging, defective machinery.
- Vehicle accidents on the terminal — trucks, yard tractors, hostlers.
- Hearing loss and respiratory disease from prolonged noise and dust exposure.
Each injury type opens specific avenues for both LHWCA benefits and potential 905(b) vessel-negligence claims. We know what evidence to lock down before it disappears.
Meet the Attorneys Who Will Handle Your Case
Templer & Hirsch has represented injured workers along Florida’s coast for over 35 years and recovered more than $100 million for clients. When you call, you talk to an attorney — not a case manager.
- David L. Templer — Founding partner with decades of trial experience in maritime, longshore, and personal injury cases.
- Mark Hirsch — Partner concentrating on longshore, Jones Act, and serious injury claims; known for hands-on client communication.
Frequently Asked Questions
What is the LHWCA?
The Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §901 et seq. — a federal workers’ comp system for maritime workers injured on or near US navigable waters.
How is LHWCA different from Florida workers’ comp?
LHWCA pays significantly higher weekly benefit maximums, has uncapped medical coverage, and allows third-party suits against vessel owners under §905(b). Florida’s comp system is more limited.
How long do I have to file?
30 days written notice to your employer, and one year to file the formal claim with the Department of Labor (33 U.S.C. §913). Occupational diseases have a two-year discovery rule.
Can I sue anyone besides my employer?
Yes — 33 U.S.C. §905(b) lets you sue the vessel owner for negligence outside the comp system. Third-party claims can recover pain and suffering on top of LHWCA benefits.
What benefits does LHWCA pay?
Medical care (uncapped), two-thirds of your average weekly wage up to the federal maximum, permanent impairment compensation, vocational rehab, and death benefits to surviving family.
Which Florida ports do you cover?
Miami, Port Everglades, JAXPORT (Jacksonville), Tampa Bay, Canaveral, Palm Beach, and smaller ports along both coasts.
If you or a loved one has been injured, the most important step you can take is to speak with an experienced attorney as soon as possible. Call Templer & Hirsch today for a free, confidential consultation — we are ready to help.
