Longshore Worker Injury, Marine Container Terminals Injury, Longies

Aboard ship, longshore workers are confronted with dangerous conditions created by careless ship owners in cargo holds and on deck. Stevedore company superintendents expect longshoremen to get the job done no matter how dangerous. Lashing gangs are expected to unlash or lash an entire ship in short order so the work of unloading can begin or the ship can sail on time. Many of the ships are owned and operated by foreign companies who don’t follow American safety standards, and some of the ships are ready for the scrap yard.

Harbors and ports are busy places with the potential for chaos everywhere. Container terminals sprawl for hundreds of acres and heavy equipment congestion prevails. Hundreds of teeming highly paid, highly skilled employees – clerical workers, marine clerks, foremen, mechanics, heavy equipment operators, handlers, crane operators, and more – all work under tremendous pressure to get the unloaded/loaded and back to sea. Unique hazards that are common in the longshore industry include falling loads, working on the top of cargo containers, having a UTR or yard tractor picked up and then dropped by a crane. Outside truckers in a hurry to find their load and get on the road are a danger to longshoremen in the yard. Defective or poorly maintained equipment can malfunction and cause injuries.

Longshoremen suffer many injuries including, asphyxiation, blindness, traumatic brain injury, hearing loss, repetitive trauma, burns, amputation, broken bones, back and neck injuries, paralysis, cancer, and drowning (not conclusive).

The Longshore And Harbor Workers’ Compensation Act (LHWCA) is federal law which provides a federal workers’ compensation remedy for longshore workers, shipyard workers and other covered workers in any state, or even outside the country. Benefits under the Longshore Act are payable for any injury of illness arising out of covered employment without regard to fault. The disability benefits payable under the Act are typically higher than the benefits available to a covered worker under state workers compensation acts.

The Longshore Act allows injured longshore workers, shipyard workers and other port workers to sue negligent ship owners, Marine Terminal operators and outside truckers.

If a ship owner negligently fails to turn over its ship in a condition that is reasonably safe for the longshoremen to work, the ship owner can be sued under the Longshore Act. Marine Terminal owners and operators can be held liable to longshore workers truck driver and other port workers for injuries caused by dangerous conditions such as overcrowding, trip and fall hazards, pot holes and defective or poorly maintained vehicles or other equipment. Outside trucking companies can be held responsible for the negligent operation of their trucks and tractors and can be sued when their drivers injure longshoremen.

Have you or a loved one suffered a serious marine cargo handling injury?

Statute of Limitations for workers compensation benefits under the LHWCA: Written Notice to employer and district director or the US Department of Labor: within 30 days from date of injury/ within 1 year of awareness of connection between employment and occupational illness.

Claim Filing: The claimant has 1 year from the date of injury or death, or one year from the date of the last payment of compensation (indemnity) to file a claim with the district director of U.S. Department of Labor. The claimant has 2 years from the date he becomes aware, or should have become aware of the connection between employment and occupational illness, or 1 year from the date of the last payment of compensation (indemnity), whichever is later, to file a claim with the district director of US Department of Labor.

Statute of Limitation for suing for personal injuries: Varies from state to state, and depending on whether the ship is owned by or operated for the United States or other governmental entities. You should seek prompt legal advice to determine the time within which a suit must be filed to avoid losing your right to sue.