Dock workers are at increased risk of injuries during the course of their work. Accidents occur at the docks while loading and unloading cargo or making necessary repairs. A lot of workers are confused whether injuries that happen at the docks come under the worker compensation benefit law or the marine law.
In this post, we will explain the legal nuances concerning dock injuries. After reading this article, you will know whether you should consult a worker compensation attorney or a marine law attorney for any injuries that happen at the docks.
Dock Injuries: A Close Look
Dock work often involves using heavy machinery or handling hazardous chemicals. Many dock workers get seriously injured or killed while performing the duties. These accidents have tragic consequences resulting in physical, financial, and emotional pain. An injured dock worker or the immediate family members can file a case against the employer to get compensation for the losses.
The maritime employer is required ensure safety of all workers. Failure to ensure a safe work environment can result in legal consequences.
Mostly the maritime law (also known as the Jones Act) applies for maritime workers. The law covers incidents that occur while on navigable waters. Also, this law covers when working on a ship that is docked at the port.
So, when it comes to injuries suffered by dock workers, the maritime law applies if the injury happens on a ship that was being ported in harbor or unloaded on a dock. But this law does not apply in case of injuries that happen while working outside of the ship. In such a situation, the Long shore and Harbor Workers’ Compensation Act (LHWA) applies.
About Longshore and Harbor Workers’ Compensation Act
The LHWA law was enacted in 1927 for workers who get ill or injured while working on docks, in shipping terminals, or in shipyards. Employees who meet the criteria of the worker compensation act can get compensation for the following.
- Disability payments
- Rehabilitation costs
- Loss of earnings
- Medical treatment
- Transportation costs
Injured dock workers can sue the employer or any third party for negligence that created dangerous work environment. The act also allows family members of the dock worker who has been killed during the work to get adequate compensation.
Have you been injured while working at the docks? Do want to file a case against the employer to get compensation for your workplace injuries? If so, you should contact Albert E Hirst law firm for expert legal help regarding.
Our experienced attorneys have an in-depth understanding of worker compensation laws in California. We can offer you qualified advice, professional legal representation, and effective solutions to ensure that you receive adequate compensation for your injuries at work. For more information, you can contact us for an initial, no-obligation consultation by calling (909) 885-7190.