Harbor Workers and Maritime Injuries in SC

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Workers employed in the maritime industry are protected from the financial consequences of work-related injury under admiralty laws, even if they never leave the harbor.

The Longshore and Harbor Workers’ Compensation Act provides compensation and medical care to employees disabled from injuries that occur on the navigable waters of the United States or in adjoining areas used in loading, unloading, repairing, or building a vessel. Survivor benefits are also provided if the work-related accident causes the employee’s death.

This system is an insurance program, much like workers’ compensation. Payment should be made to the injured employee regardless of fault. Unfortunately, like workers’ comp claims, valid Longshore and Harbor Workers’ Compensation Act claims are often challenged or wrongly denied.

Joye Law Firm can assist harbor workers seeking compensation for maritime injuries. If you have a claim, we want to help you. Call Joye Law Firm now for a free claim evaluation. You can reach us by phone or by using this online contact form.

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Compensation for Injured Maritime Workers

The Port of Charleston is one of the busiest container ports along the Southeastern and Gulf coasts. Charleston is also a popular commercial cruise port. Farther up the coast, the smaller Port of Georgetown is South Carolina’s dedicated breakbulk and bulk cargo port, handling steel, cement, aggregates, forest products, and other cargo.

Work aboard ships and at ports involves moving heavy cargo on unstable surfaces that are not always level. Falls and being hit or crushed by falling objects are among the most common accidents that cause serious injury and death among maritime workers.

Fire is also a hazard in the confined spaces aboard ships. Crane accidents are often caused by rigging mistakes or faulty or unmaintained wires or winches. Motor vehicles of all kinds on docks and in shipyards also cause many accidents.

Federal maritime and admiralty laws address injuries and deaths that occur during specific occupational activities on open seas or inland waters. They include:

Longshore and Harbor Workers’ Compensation Act – Longshore and harbor workers disabled by injuries on navigable waters of the United States or in waterside loading, unloading, repairing or shipbuilding areas may be eligible to receive compensation for medical care and lost wages. After a fatal work-related injury, survivors may seek benefits.
Jones Act – If an injury occurs on an offshore vessel or oil rig, compensation may be available to cover medical costs, lost wages and pain and suffering.
Death on the High Seas Act – If a worker dies three or more miles off the U.S. coast, compensation may be available to surviving family members.

General maritime law holds that the owners and operators of vessels on U.S. waterways must ensure their vessels are seaworthy. Ships must be fit for their intended use and staffed with properly trained crew members, and they must have functioning equipment and proper safety procedures in place.

If an investigation determines that a ship was not seaworthy at the time of an accident, the owner could be held liable and required to compensate those who were injured.

Maritime law encompasses the following accidents seamen and longshoremen are injured in:

Cargo ship
Container ship
Fishing vessel
Cruise ship
Diving vessels, including diving or scuba activities
Surveying platform
Oil rig and jack-up rig
Dock
Harbor
Marine cargo facility
Shipyard

If a South Carolina maritime worker is injured while performing his or her job duties, he or she may be compensated according to applicable law. However, an injured worker or grieving family is likely to find that the facts of the accident are disputed or obscured in order for an insurance company to try to save money.

In such cases, Joye Law Firm can work to establish the facts of a maritime accident and help the injured victim or family members determine the legal remedies available to them. We can seek the financial benefits available through negotiation or legal action.

Common Injury Hazards in Longshore & Harbor Work

The Longshore and Harbor Workers’ Compensation Act covers any harbor worker or longshoreman (a person employed in a port to load and unload ships, sometimes called a “stevedore”) or other persons engaged in long-shoring operations.

Compensation through the act may be available for expenses related to any injury, illness, infection, or death arising out of job-related activities, and any injury caused by the willful act of a third person (assault, for example) directed against an employee because of his or her employment.

Cranes and derricks involved in maritime operations pose a great risk to harbor workers and longshoremen. Falling, moving, or swinging cargo, equipment, tools, materials, etc., can cause grave injury if a person is struck. Cranes and derricks can also collapse.

Crane accidents can be fatal or leave workers with severe injuries and lifelong physical disabilities. The risk of injury increases in operations above the water.

Crane accidents may be caused by faulty or unmaintained wires or winches, negligence by longshoremen involved in rigging or loading/unloading operations, and lack of proper supervision or training among harbor workers.

Longshore and harbor workers are also susceptible to other common workplace injuries, such as:

Overexertion (from lifting, holding, carrying, pushing, pulling, or throwing)
Falls to the same level
Falls to a lower level
Adverse bodily reactions (caused by bending, reaching, climbing, standing, sitting, slipping, or tripping without falling)
Motor vehicle accidents, including being hit by moving vehicles such as top-loaders, front-end loaders, forklifts, roll-on / roll-off (RORO or ro-ro) vehicles, trucks, or more
Caught in or compressed by objects or machinery
Struck against objects (including being pushed into structures)
Repetitive-motion injuries (repeated stress or strain)
Violence

Who is Covered Under the LHWCA?

The LHWCA applies to various types of maritime workers, including:

Longshoremen and harbor workers: Workers involved in loading, unloading, repairing, or building vessels.
Ship repairers and shipbuilders: Employees who work in shipyards or harbor construction workers engaged in building and maintaining ships.
Marine terminal employees: Workers involved in cargo handling operations at navigable waters and adjacent facilities.

These workers must be employed in maritime industries and injured during activities related to their duties on or near navigable waters. Importantly, the LHWCA does not cover all maritime workers—certain employees may fall under other federal laws or state workers’ compensation laws.

What Type of Work Qualifies?

To qualify for LHWCA benefits, workers must meet both situs (location) and status (type of work) requirements: maritime workers

Situs: The injury must occur on navigable waters of the United States or adjoining areas like docks, shipyards, or terminals used in maritime industry activities.
Status: The worker’s duties must involve loading, unloading, repairing, or building vessels, among other traditional maritime occupations.

Differences Between the LHWCA and the Jones Act

Not all maritime workers are covered by the LHWCA. For example, crew members and seamen are protected under the Jones Act, a federal statute that allows seamen to file a Jones Act claim for employer negligence. The Jones Act covers workers like crew members who spend significant time aboard a vessel in navigation, while the LHWCA applies to those working onshore or in harbor operations. One of the key differences is that LHWCA claims provide no-fault disability benefits, whereas Jones Act claims require proving fault.

Benefits Available Under the LHWCA

Injured maritime workers can receive a variety of LHWCA benefits, including:

Medical care: The LHWCA ensures injured employees receive medical treatment, mileage reimbursement, and necessary services, such as vocational rehabilitation services to regain employment.
Lost wages: Compensation for lost wages is typically calculated at two-thirds of the worker’s average weekly wage. This applies to employees who are severely injured and cannot return to their regular job.
Disability benefits: Whether a worker is temporarily or permanently disabled, benefits are paid based on the severity of the injury and whether they have reached maximum medical improvement (MMI).
Survivor benefits: If an employee’s death is caused by a work-related injury, surviving family members may receive compensation through death benefits.
Vocational rehabilitation: For workers unable to return to their previous role, vocational rehabilitation services are available to assist them in finding new employment.

Filing a Claim Under the LHWCA

Filing a claim under the Longshore and Harbor Workers’ Compensation Act can be complicated, especially when disputes arise over eligibility or the severity of the injury. Claims may be disputed by employers or insurance carriers, and in some cases, the injured worker may need to appeal before an administrative law judge. Injured employees are advised to consult with an experienced maritime injury attorney to ensure they file claims correctly and recover compensation for their injuries. A skilled attorney can help injured workers file formal claims, appeal denied claims, or negotiate settlements.