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   Experts consistently rank longshore work as one of the most dangerous jobs in the World. An experienced Cruise Line Accident Lawyer/Maritime Accident Lawyer knows how to protect the interests of longshoremen. In addition to compensation claims against employers, under the Longshore and Harborworkers’ Compensation Act (LHWCA), 33 USC §901, et seq., an injured longshoreman/harborworker or the family of a longshoreman/harborworker killed at work may be may entitled to pursue a claim against a shipowner for:

LHWCA 905(b) Injury Claims

   In the U.S., the Longshore and Harborworkers’ Compensation Act (LHWCA), 33 USC §901, et seq., covers longshoremen, harborworkers, and most other maritime workers who work on docks and terminals. The LHWCA was enacted in order to establish a compensation scheme for injured maritime workers. The U.S. Supreme Court has held that under the LHWCA, an injured maritime worker is entitled to:

[N]o-fault workers’ compensation claims (against their employer, §904(b)) and [vessel] negligence claims (against the vessel, §905(b)) for injury and death. As to those two defendants, the LHWCA expressly pre-empts all other claims, §§905(a), (b), but it expressly preserves all claims against third parties, §§933(a), (i).

Norfolk Shipbuilding & Drydock Corp. v. Garris, 532 U.S. 811, 121 S.Ct. 1927 (2001).

   Under 33 USC §905(b), apart from a “workers compensation-type” claim against his/her employer, an injured maritime worker is entitled to file a claim against a responsible third party such as a shipowner or operator who caused and/or contributed to an accident or even against an LHWCA-employer if that employer is also a shipowner. §905(b)provides as follows:

In the event of injury to a person covered under this chapter caused by the negligence of a vessel, then such person, or anyone otherwise entitled to recover damages by reason thereof, may bring an action against such vessel as a third party in accordance with the provisions of section 933 of this title, and the employer shall not be liable to the vessel for such damages directly or indirectly and any agreements or warranties to the contrary shall be void. If such person was employed by the vessel to provide stevedoring services, no such action shall be permitted if the injury was caused by the negligence of persons engaged in providing stevedoring services to the vessel. If such person was employed to provide shipbuilding, repairing, or breaking services and such person’s employer was the owner, owner pro hac vice, agent, operator, or charterer of the vessel, no such action shall be permitted, in whole or in part or directly or indirectly, against the injured person’s employer (in any capacity, including as the vessel’s owner, owner pro hac vice, agent, operator, or charterer) or against the employees of the employer. The liability of the vessel under this subsection shall not be based upon the warranty of seaworthiness or a breach thereof at the time the injury occurred. The remedy provided in this subsection shall be exclusive of all other remedies against the vessel except remedies available under this chapter.

   A shipowner/operator owes three (3) general duties to longshoremen, the breach of any one of which will result in liability for a longshoreman’s injuries:

(1) at the time that the longshoremen commence work aboard ship, the shipowner/operator, who is best positioned to know the vessel, must exercise reasonable care to turn over the vessel in a reasonably safe condition – this is known as the “turn over duty;”
(2) where the shipowner/operator remains actively involved in cargo operations, the shipowner/operator must exercise reasonable care to prevent injuries to longshoremen in areas that remain under the active control of the vessel; and
(3) where, after cargo operations have commenced, the shipowner/operator becomes aware of a dangerous condition, it is under a “duty to intervene.”

Scindia Steam Navigation Co., Ltd. v. De Los Santos, 451 U.S. 156, 101 S.Ct. 1614 (1981).

LHWCA 905(b) Wrongful Death Claims

    The Longshore and Harborworkers’ Compensation Act (LHWCA), 33 USC §901, et seq., covers longshoremen, harborworkers, and most other maritime workers who work on docks and terminals.  The LHWCA also provides a statutory cause of action for the negligence of a shipowner which results in the wrongful death of a longshoreman, harborworker, or other maritime worker.  Just as in the case of a personal injury to a longshoreman, a shipowner/operator owes three (3) general duties to longshoremen, the breach of any of which will result in liability for a longshoreman’s wrongful death:

(1) at the time that the longshoremen commence work aboard ship, the shipowner/operator, who is best positioned to know the vessel, must exercise reasonable care to turn over the vessel in a reasonably safe condition – this is known as the “turn over duty;”
(2) where the shipowner/operator remains actively involved in cargo operations, the shipowner/operator must exercise reasonable care to prevent injuries to longshoremen in areas that remain under the active control of the vessel; and
(3) where, after cargo operations have commenced, the shipowner/operator becomes aware of a dangerous condition, it is under a “duty to intervene.”

Scindia Steam Navigation Co., Ltd. v. De Los Santos, 451 U.S. 156, 101 S.Ct. 1614 (1981).

   Suits against a non-shipowner responsible for the wrongful death of a longshoreman may be brought under general maritime law if the accident occurred in territorial waters or under the Death on the High Seas Act (DOHSA) if the accident occurred on the high seas. Often times however, depending on the location of the accident, it may be preferable to file the action under a state’s Wrongful Death Act as this may enhance the prospects and amounts of recovery. An experienced Cruise Line Accident Lawyer/Maritime Accident Lawyer is best positioned to assist with this determination.