A longshoreman injuries lawyer is a specialized maritime attorney who represents dock workers injured on the job and helps them navigate the complex federal laws that govern their claims.
These attorneys understand the Longshore and Harbor Workers’ Compensation Act, vessel negligence laws, and third-party liability claims that can provide compensation beyond standard workers’ compensation benefits. When you’re hurt working at a port or terminal, you need legal representation that knows maritime law inside and out.
The Law Offices of Charles D. Naylor has represented injured longshoremen for over 50 years from our Long Beach office, located at the heart of the Port of Los Angeles and the Port of Long Beach.
Our maritime attorneys understand the dangerous conditions you face daily, from crane accidents and equipment failures to slip-and-fall incidents and toxic exposures.
We know how to fight insurance companies that deny claims and pursue additional compensation from negligent vessel owners and equipment manufacturers.
Do You Need a Longshoreman Injury Lawyer?
You need legal help immediately if you suffer a serious injury that prevents you from working. An attorney becomes essential when your employer’s insurance carrier pushes you to return to work too soon or denies your claim entirely.
Permanent disability:
If your injury leaves you unable to return to longshore work, you need an attorney to secure maximum compensation
Claim denial:
Insurance companies often deny valid claims hoping workers will give up
Vessel negligence:
If a ship owner’s carelessness caused your accident, you may have additional claims beyond workers’ compensation
Third-party liability:
Equipment manufacturers or contractors may also be responsible for your injuries
The dock environment is one of the most dangerous workplaces in America. When accidents happen, resulting in common maritime injuries, the consequences can be devastating for you and your family.
Who Is Covered Under the Longshore and Harbor Workers’ Compensation Act?
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that provides medical care and wage benefits to maritime workers injured on the job. This means you get coverage even when state workers’ compensation doesn’t apply to your situation.
To qualify for LHWCA benefits, your claim must pass two tests. The “status” test looks at your job duties, while the “situs” test examines where your injury occurred.
Status Requirement
Your job must involve maritime work to meet the status requirement. This includes workers who load, unload, build, or repair vessels at ports and shipyards.
The following occupations typically qualify for LHWCA coverage:
- Longshoremen and stevedores
- Ship repairers and builders
- Harbor construction workers
- Crane operators and winch operators
- Forklift drivers and yard truck operators
- Ship-breakers and ship-scrappers
Situs Requirement
The situs test requires that your injury happened on or near navigable waters of the United States. This doesn’t mean you have to be injured directly on the water.
LHWCA coverage extends to these locations:
- Piers, docks, and wharves
- Terminals and container yards
- Dry docks and marine railways
- Areas used for vessel construction or repair
- Staging areas for loading and unloading cargo
Common Exclusions
Not every port worker qualifies for LHWCA benefits. The law excludes certain types of employees from coverage.
Seamen and crew members:
These workers are covered by the Jones Act instead of LHWCA
Government employees:
Federal, state, and foreign government workers have separate benefit systems
Office workers:
Employees who work exclusively in clerical or administrative roles
Intoxicated workers:
Injuries caused solely by your own intoxication are not covered
If you’re unsure whether you qualify for LHWCA benefits, we can evaluate your situation during a free consultation. Call us at (888) 440-5829 to discuss your case.
What Benefits Can You Get Under LHWCA?
LHWCA benefits are often more generous than those offered by state workers’ compensation programs. This federal system recognizes the unique dangers faced by maritime workers and provides comprehensive support.
Medical Care and Treatment Rights
You have the right to all reasonable and necessary medical treatment for your work-related injury at no cost to you. This includes doctor visits, surgery, physical therapy, prescription medications, and medical equipment.
After initial emergency care, you can choose your own treating physician. Your employer cannot force you to see their company doctor for ongoing treatment.
Wage Loss: Temporary Total and Temporary Partial Disability
When your injury prevents you from working, LHWCA provides wage replacement benefits. Temporary total disability (TTD) pays two-thirds of your average weekly wage when you cannot work at all.
If you can return to light-duty work at reduced pay, temporary partial disability (TPD) benefits make up part of the wage difference. These benefits continue until you reach maximum medical improvement or return to full duty.
Permanent Disability and Schedule Loss
Permanent injuries that affect your ability to work qualify for ongoing compensation. The LHWCA includes a schedule that assigns specific compensation periods for different body parts.
| Body Part | Weeks of Compensation |
| Arm | 312 weeks |
| Leg | 288 weeks |
| Hand | 244 weeks |
| Foot | 205 weeks |
| Eye | 160 weeks |
| Thumb | 75 weeks |
Injuries to unscheduled body parts like your back or neck are compensated based on your loss of earning capacity. These cases often result in higher awards than scheduled injuries.
Vocational Rehabilitation Benefits
If your injury prevents you from returning to longshore work, you may qualify for vocational rehabilitation services. This program helps you learn new skills for a different career.
Vocational rehabilitation can include job training, education assistance, and job placement services. The goal is to help you return to gainful employment despite your limitations.
Death Benefits for Families
When a work accident results in death, surviving family members receive compensation under LHWCA. When a work accident results in death, surviving family members may be entitled to compensation under the LHWCA, with benefits available for spouses and children.
These death benefits continue for the spouse’s lifetime or until remarriage. Benefits for children typically end when they reach age 18 or 23 if they’re full-time students.
What Accidents Cause Longshoreman Injuries?
Longshore work involves constant exposure to heavy machinery, moving cargo, and dangerous conditions. Understanding how your accident happened helps determine if you have claims beyond LHWCA benefits.
Crane and Rigging Accidents
Crane failures and rigging accidents cause some of the most severe injuries on the docks. These incidents often involve falling containers, cargo, or equipment that can crush or kill workers instantly.
Equipment failure:
Worn cables, defective hooks, or mechanical breakdowns
Operator error:
Improper crane operation or failure to follow safety procedures
Communication breakdown:
Poor coordination between crane operators and ground workers
Forklift and Yard Truck Incidents
Vehicle accidents are a leading cause of serious injuries and deaths at ports. The constant movement of trucks, forklifts, and other equipment creates numerous collision risks.
Common vehicle accidents include workers being struck by moving equipment, run-over incidents, and falls from elevated loads. Poor visibility and tight working spaces increase these dangers.
Falls, Slips, and Trips on the Dock
Longshoremen face constant fall hazards from working at heights and on slippery surfaces. These accidents can cause broken bones, head injuries, and spinal cord damage.
Height-related falls:
From ladders, gangways, container stacks, or vessel decks
Surface hazards:
Wet decks, oil spills, debris, and uneven surfaces
Poor lighting:
Inadequate illumination during night shifts increases accident risks
Chemical and Asbestos Exposure
Loading certain types of cargo exposes workers to toxic chemicals and hazardous materials. These exposures can cause immediate injuries or long-term diseases that develop years later.
Asbestos exposure from older ships and equipment can lead to mesothelioma and lung cancer, while prolonged noise exposure causes hearing loss. Chemical exposures may cause burns, respiratory problems, or other severe health conditions.
Winch, Ladder, and Equipment Failures
Defective or poorly maintained equipment puts workers at constant risk. When safety equipment fails, the results are often catastrophic.
Equipment failures can cause amputations, crushing injuries, and other severe trauma. Regular maintenance and proper inspection are crucial for preventing these accidents.
What Deadlines and Forms Apply to Longshore Claims?
LHWCA claims involve strict deadlines that can destroy your right to benefits if missed. Acting quickly protects your rights and ensures you receive the compensation you deserve.
30-Day Notice Requirement
You must notify your employer in writing within 30 days of your accident. This written notice should describe what happened, when it occurred, and the injuries you suffered. You can use our mobile app to report your injury accurately.
For occupational diseases that develop over time, you have one year from when you first knew the condition was work-related. However, it’s always better to report potential work injuries immediately.
One-Year Claim Filing Using LS-203
In addition to notifying your employer, you must file a formal claim with the U.S. Department of Labor within one year of the injury. This requires submitting Form LS-203, “Employee’s Claim for Compensation.”
The one-year deadline is absolute in most cases. Missing this deadline typically means you lose your right to LHWCA benefits forever.
Employer and Carrier Forms: LS-202, LS-207, LS-208
Once you report your injury, your employer must file Form LS-202 with the Department of Labor. This “Employer’s First Report” officially documents your accident in the federal system.
The insurance carrier then responds with either Form LS-208 to accept your claim or Form LS-207 to contest it. If they contest your claim, you’ll need legal help to fight for your benefits.
Don’t risk losing your benefits by missing critical deadlines. Contact a longshore injury attorney today by calling (888) 440-5829 to ensure your claim is handled properly.
Can You Sue a Vessel or Third Party for Negligence?
Yes, you can often sue people other than your employer and still get LHWCA benefits. These claims against third parties can pay for pain and suffering that LHWCA doesn’t cover.
Vessel Negligence Under Section 905(b)
Section 905(b) of the LHWCA allows you to sue vessel owners for negligence. Ship owners have a duty to provide a reasonably safe workplace and warn longshoremen of hidden dangers they know about.
A vessel owner might be liable if they fail to clean up oil spills, don’t warn about unstable cargo, or allow unsafe conditions to exist on their ship. These cases can result in significant additional compensation beyond your LHWCA benefits.
Product and Contractor Liability
Other parties may also be responsible for your injuries through their negligent actions or defective products.
Equipment manufacturers:
Companies that make defective cranes, forklifts, or safety equipment can be held liable
Maintenance contractors:
Third-party companies responsible for equipment maintenance may be at fault
Other employers:
Different companies working at the port whose negligence contributed to your accident
Coordinating Third-Party Recovery With LHWCA Liens
When you recover money from a third-party lawsuit, the insurance carrier that paid your LHWCA benefits has a lien on your recovery. This means they’re entitled to be repaid from your settlement or verdict.
An experienced maritime attorney structures settlements to maximize your total recovery while properly handling the insurance company’s lien. This coordination ensures you keep as much money as possible.
Why Choose Law Offices of Charles D. Naylor as Your Longshoreman Injuries Lawyer
Choosing the right attorney can make the difference between a successful claim and a denied one. Our firm’s exclusive focus on maritime law gives you advantages that general personal injury lawyers cannot provide.
50+ Years Focused on Maritime and Longshore Law
Our firm is dedicated to representing injured maritime workers. Charles D. Naylor is recognized as “Lawyer of the Year” in Admiralty and Maritime Law by Best Lawyers, demonstrating our expertise in this specialized field.
Our entire legal team understands the unique challenges faced by longshoremen and the complex laws that protect you. This focused experience translates into better results for our clients.
Port of Los Angeles and Long Beach Experience
Our Long Beach office sits at the heart of the largest port complex in the United States. We have decades of experience handling cases from these terminals and understand the specific hazards and working conditions here.
We are familiar with the major employers, terminal operators, and shipping companies that operate at these ports. This local knowledge helps us build stronger cases and achieve better outcomes.
Pay Nothing Unless We Win
We handle all longshore injury cases on a contingency fee basis. This means you pay no attorney fees unless we successfully recover compensation for you.
In many LHWCA cases, federal law requires the employer or insurance carrier to pay our attorney fees. This often means our representation costs you nothing, even when we win your case.
Longshoreman Injury FAQs
Is LHWCA Different from the Jones Act for Seamen?
Yes, LHWCA and the Jones Act are completely different laws. LHWCA covers harbor workers and longshoremen, while the Jones Act protects seamen who are crew members of vessels.
Can I Choose My Own Doctor for Treatment?
Yes, after any initial emergency treatment, you have the absolute right to choose your own physician for ongoing medical care. Your employer cannot force you to see their company doctor.
What Are the Deadlines for Reporting My Injury and Filing a Claim?
You must report your injury to your employer in writing within 30 days and file a formal claim with the Department of Labor within one year. Missing these deadlines can cost you your benefits.
How Much Will I Receive in Longshore Disability Benefits?
Disability benefits equal two-thirds of your average weekly wage at the time of injury, subject to federal maximum amounts that change annually. We can calculate your specific benefit rate during a consultation.
Can I Recover Money for Pain and Suffering from My Injury?
You cannot recover pain and suffering damages under LHWCA, but you may be able to through a separate lawsuit against a negligent vessel owner or other third party.
What Happens If My Employer Denies My Longshore Claim?
If your claim is denied, you have the right to request an informal conference and formal hearing before a federal administrative law judge. We handle this entire appeals process for you.
How Much Does It Cost to Hire Your Law Firm?
There are no upfront costs to hire our firm. We work on contingency, meaning we only get paid if we successfully recover compensation for you.
The Law Offices of Charles D. Naylor has been fighting for injured longshoremen for over 50 years. We understand the challenges you face and the compensation you deserve. Call (888) 440-5829 now for your free consultation.
