If you run a maritime business—whether it’s on the docks, shipping yards, or at a port—you need to know what your responsibilities might be if an employee gets hurt on the job, and how an experienced maritime law attorney can advise you to limit your risk.
The Longshore Harbor Workers’ Compensation Act (LHWCA) is a federal law that protects workers in the maritime industry by providing compensation if they are injured. At Rountree Losee LLP, we are here to help you understand this statute, guide you on how to avoid claims, and help if a claim does arise. Let’s start with the basics of the law.
The Longshore Harbor Workers’ Compensation Act
The LHWCA ensures that employees working on the water or in areas like docks and shipyards receive benefits if they are hurt while working. These benefits include medical care, rehabilitation, and payments for lost wages. If an injury leads to death, survivor benefits are also provided to the worker’s dependents. Employers are responsible for making sure these benefits are paid, either by being self-insured or through an insurance company.
How Maritime Employers Can Reduce Risk
Identify Risks
Assess your maritime business to spot potential areas where accidents could happen and where you might be vulnerable to injury claims. For example, in a shipyard, employees working with heavy machinery or performing repairs on vessels are at higher risk for injury. Establish safety protocols, like better equipment maintenance or protective barriers, to reduce hazards and prevent costly claims.
Ensure Compliance with the LHWCA
Make sure your business is fully compliant with the LHWCA’s requirements, so you can avoid fines and penalties. This includes understanding specific coverage areas, like dockworkers and ship repair crews. For example, if your employees work on dry docks, go through the specific safety standards required for those environments and document compliance to avoid penalties during inspections.
Review Your Workers’ Compensation Insurance
Review your current workers’ compensation insurance policies to make sure they provide adequate coverage under the LHWCA. This includes ensuring that your policy covers the unique risks involved in maritime operations, like injuries sustained on vessels or during cargo handling operations.
Employee Training and Safety Programs
Develop targeted training programs to educate your employees about safety practices specific to their roles. Proper training can reduce accidents and claims.
Representing Your Maritime Business Against Injury Claims
If an employee files a claim, we’ll represent your business and help challenge any false or exaggerated claims. For instance, if a dock worker claims to have been injured lifting cargo, but evidence shows the injury occurred off-duty, we’ll help gather the necessary proof to contest the claim and reduce its financial impact.
Our attorneys have extensive experience dealing with collision claims, allision claims, personal injury claims, shipping contracts, and fleeting claims. Our personal injury experience includes the defense and prosecution of claims brought under the General Maritime Law of the United States, the Jones Act, and the Longshore and Harbor Workers’ Compensation Act.
Protect Your Maritime Business, Reach Out to Our Team Today
Protect your business against claims brought under the Longshore Harbor Workers’ Compensation Act. Contact Rountree Losee LLP today to schedule a consultation with our experienced maritime law attorneys. Let us navigate the complexities of maritime law on your behalf.