Injured while working on a dock in Long Beach, CA? Contact the top Long Beach dock workers injury lawyer to seek full compensation.
Dock work involves dangers far beyond those found in most occupations. Massive cargo containers, heavy machinery, moving ships, and constantly shifting equipment create an environment where accidents can cause life-altering injuries. Unlike typical workplace claims, compensation for these injuries falls under federal maritime law—not California’s state workers’ compensation system—making the process far more complex for injured workers.
The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides stronger protections than state systems, but securing these benefits requires navigating federal procedures, strict deadlines, and specialized insurance carriers. Many cases also involve third-party claims against terminal operators, stevedoring companies, or equipment manufacturers, each with their own legal challenges.
The Law Offices of Charles D. Naylor focuses exclusively on maritime injury cases and represents dock workers throughout Southern California, including the ports of Long Beach and San Diego. The firm understands the federal system, knows the major port operators, and has the experience needed to pursue full recovery under the LHWCA and any applicable third-party claims.
Contact us today for a free consultation and discover how we can help you seek the compensation and justice you deserve.
Are You Covered Under the Longshore and Harbor Workers’ Compensation Act?
The LHWCA covers maritime workers who aren’t seamen but work on or near navigable waters. To qualify for benefits, you must pass two tests that determine your eligibility under federal law.
Status Test: Do Your Job Duties Qualify as Maritime Work?
The Status Test examines whether your job involves traditional maritime activities. Your work must contribute to loading, unloading, building, or repairing vessels to qualify for LHWCA coverage.
This includes longshoremen, stevedores, ship repairers, and harbor construction workers. Generally, individuals performing purely office, clerical, or administrative work at the port are excluded from LHWCA coverage.
Situs Test: Did Your Injury Occur on or Adjacent to Navigable Waters?
The Situs Test requires that your injury happened on navigable waters or an adjoining area customarily used for maritime activities. This includes piers, wharves, dry docks, terminals, and loading facilities.
Most injuries that occur within the port boundaries while performing covered work satisfy this location requirement under the LHWCA.
What Compensation Can You Receive Under the Longshore Act?
LHWCA benefits are often more generous than state workers’ compensation. The federal system recognizes the dangerous nature of maritime work and provides comprehensive coverage for injured workers.
Medical Benefits
All reasonable medical treatment is covered. This includes surgery, therapy, medications, and even the travel costs associated with attending necessary medical appointments.
Temporary Total Disability
While you are temporarily unable to work due to your injury, you receive wage replacement benefits equal to two-thirds of your average weekly wage.
Permanent Disability
For permanent impairments, the LHWCA offers two categories: Permanent Partial Disability provides scheduled awards for permanent damage to specific body parts. Permanent Total Disability grants lifetime benefits if your injuries prevent you from ever returning to any gainful employment.
Other Essential Benefits
The LHWCA also provides support to help you re-enter the workforce or support your family.
Vocational Rehabilitation
If you cannot return to dock work due to your injury, you are entitled to job retraining and placement services to help you secure new employment.
Death Benefits
In the tragic event that a worker is killed on the job, the LHWCA provides survivor benefits for spouses and dependents.
You keep global trade going, so when you get hurt doing that important job, you need dock worker injury lawyers who know exactly what you’re entitled to. If you got injured while working at a dock or port, you have legal problems that regular workers’ compensation doesn’t cover.
How Is Your Average Weekly Wage Calculated Under the LHWCA?
Under the Longshore and Harbor Workers’ Compensation Act (LHWCA), your Average Weekly Wage (AWW) determines your disability payments, and you receive two-thirds of your AWW while disabled from a work-related injury.
The calculation includes all earnings from the 52 weeks before your injury. This encompasses base pay, overtime hours, shift differentials, container royalties, and holiday pay. We ensure every form of compensation is included to maximize your benefits.
Current federal limits cap your maximum weekly benefit at 200% of the national average weekly wage. Federal regulations provide for a minimum weekly benefit, and in some cases, your actual salary may be used if it is lower.
What Dock Worker Injuries and Accidents Do We Handle?
Port work involves constant exposure to heavy machinery, massive containers, and dangerous equipment that create unsafe working conditions, leading to serious injuries. We represent dock workers injured in all types of maritime accidents.
Accidents Involving Heavy Equipment and Falls
Crane and Equipment Accidents
We handle cases involving crane accidents and other heavy equipment malfunctions that often result in catastrophic injuries.
Crushing Injuries
Severe injuries frequently result from crushing incidents involving massive containers or other heavy machinery within the terminal.
Falls
Falls are common and often devastating, occurring from ships, unstable ladders, or elevated platforms around the dock.
Physical Trauma and Occupational Illnesses
Back and Spinal Injuries
We represent workers suffering from severe back and spinal injuries often caused by heavy lifting and continuous strenuous work.
Traumatic Brain Injuries
Injuries from falling objects are a significant concern, often leading to severe Traumatic Brain Injuries (TBIs).
Repetitive Stress and Chemical Exposure
We also handle claims for repetitive stress injuries affecting joints and muscles, as well as injuries resulting from chemical exposure and burn injuries.
Slips and Falls
Simple slip and fall accidents on wet or contaminated surfaces are a frequent cause of injury on the docks.
Hearing Loss
Prolonged exposure to high noise levels in port environments often results in claims for significant hearing loss.
Each case requires immediate investigation to preserve evidence and protect your claim. Port surveillance footage and witness statements disappear quickly without prompt legal action.
Can You Sue Beyond Workers’ Compensation for a Dock Injury?
The LHWCA doesn’t prevent you from suing negligent third parties who caused your accident. Third-party lawsuits can provide compensation beyond what workers’ compensation alone provides.
Potential defendants in third-party cases include vessel owners, equipment manufacturers, and other contractors working at the port. These lawsuits allow you to recover full lost wages, pain and suffering, and punitive damages.
- Key Difference: Third-party lawsuits require proving negligence, unlike no-fault LHWCA benefits.
- Higher Compensation: Full wage replacement instead of two-thirds under LHWCA.
- Pain and Suffering: Damages not available through workers’ compensation.
- Punitive Damages: Additional compensation for egregious conduct.
We evaluate every case for potential third-party claims to maximize your total recovery.
What Steps Should You Take After a Dock Injury?
Immediate action after a dock injury protects both your health and legal rights. Following these steps ensures you don’t lose essential benefits or compensation opportunities.
Report the Injury Within 30 Days
File a written notice with your employer using Form LS-201 within 30 days of your accident. Include specific details about when, where, and how the injury occurred. Keep copies of all documentation for your records.
Late reporting can jeopardize your entire claim. Even if your injury seems minor initially, report it immediately to protect your rights.
Choose Your Doctor and Get Authorized Care
Unlike state workers’ compensation, the LHWCA gives you the right to select your treating physician. Your employer must authorize and pay for treatment with your chosen doctor.
Don’t accept employer pressure to see their company doctor. You control your medical care under federal maritime law.
File Your Longshore Claim Within One Year
Submit Form LS-203 to the Department of Labor within one year of your injury date. This formal claim triggers the benefits process and preserves your right to compensation.
Missing the one-year deadline results in the complete loss of benefits. We ensure all paperwork is filed correctly and on time.
Avoid Recorded Statements Without Legal Counsel
Insurance adjusters will contact you quickly after your injury. Their goal is to gather information to minimize or deny your claim.
Never give recorded statements or sign documents without consulting an experienced longshore attorney first. What you say can be used against you later. Call our maritime injury hotline for free, confidential legal guidance before speaking with insurance adjusters.
What Happens if Your Longshore Claim Is Denied or Delayed?
Employers and insurance companies frequently dispute longshore claims to avoid paying benefits. Common reasons for denial include questioning whether you’re a covered employee, disputing the work-relatedness of your injury, or claiming pre-existing conditions caused your disability.
If your claim is denied, you can request an Informal Conference with a Department of Labor claims examiner. This administrative process allows you to present evidence supporting your claim without formal litigation.
When informal conferences don’t resolve disputes, you can request a formal hearing before a federal Administrative Law Judge. These hearings operate like trials, with witness testimony and evidence presentation.
Having experienced legal representation significantly increases your chances of approval at every stage of the process, including a formal hearing before a federal Administrative Law Judge.
Do We Handle Cases at the Ports of Los Angeles and Long Beach?
Our Long Beach office represents injured dock workers at the Port of Los Angeles and the Port of Long Beach.
We handle cases involving all major terminal operators and stevedoring companies at these facilities. Our experience extends to the Port of San Diego, Port Hueneme, and other California maritime facilities, including cases involving shipyard accidents throughout the region.
If your injuries prevent travel, we arrange home visits to discuss your case and begin the claims process immediately.
Why Hire The Law Offices of Charles D. Naylor for Your Dock Injury Case?
Maritime law requires specialized knowledge that general personal injury attorneys don’t possess. We focus exclusively on marine injury cases, giving us deep expertise in federal LHWCA procedures.
Our advantages include:
- Exclusive Maritime Focus: We handle only maritime injury cases, not general personal injury.
- Federal System Knowledge: Deep understanding of Department of Labor procedures and requirements.
- Established Relationships: Working relationships with LHWCA judges and claims examiners.
- Proven Track Record: Decades of successful outcomes for injured longshoremen.
We’ve secured multi-million dollar settlements and jury awards for injured maritime workers throughout our 50-year history.
How We Build and Win Dock Worker Cases
Our systematic approach maximizes compensation for every client. We begin investigating immediately while the evidence is fresh and the witnesses’ memories are clear.
We collaborate with maritime safety experts and accident reconstruction specialists to prove liability. Economic experts help calculate the full extent of your financial losses, including future medical needs and lost earning capacity.
We handle all communications with insurance companies and negotiate aggressively for fair settlements. When insurers refuse reasonable offers, we’re fully prepared to take cases to formal hearings.
What Does It Cost to Hire Us?
We handle all dock worker injury cases on a contingency fee basis. You pay no upfront costs or attorney fees. We advance all case expenses, including expert witness fees and investigation costs.
You only pay if we successfully recover compensation for you. Under the LHWCA, winning cases at formal hearings often result in the employer paying our attorney fees, protecting your benefits from reduction.
Where Do We Handle Dock and Longshore Cases?
We serve injured maritime workers throughout California’s major port facilities. Our practice covers cases from the Port of Los Angeles, the Port of Long Beach, the Port of San Diego, and the Port of Hueneme.
We understand the unique operations and hazards at each facility. This knowledge helps us build stronger cases and achieve better outcomes for our clients.
Maritime law governs your case, specifically the Longshore and Harbor Workers’ Compensation Act (LHWCA). This federal law provides protections and benefits that differ from those offered by state workers’ compensation systems.
You have strict deadlines to protect your rights. You must report your injury within 30 days and file your claim within one year of the accident date.
Frequently Asked Questions
Can I Choose My Own Doctor Under the LHWCA?
Yes, the LHWCA gives you the absolute right to select your treating physician. Your employer must authorize and pay for treatment with your chosen doctor, unlike many state workers’ compensation systems that restrict medical provider choices.
What Deadlines Apply to My Longshore Claim?
You have 30 days to tell your boss in writing about your injury and a year to file your official claim. You could sue third parties who were careless, but the time limits for doing so vary by jurisdiction. To find out what the deadline is for your case, talk to a maritime lawyer right away.
Can I Recover Pain and Suffering Damages for My Dock Injury?
The LHWCA doesn’t provide pain and suffering benefits, but you can recover these damages through third-party lawsuits against negligent vessel owners, equipment manufacturers, or other responsible parties.
How Is the Average Weekly Wage Calculated for Container Royalty and Overtime Pay?
Your AWW includes all earnings during the 52 weeks before injury, including base pay, overtime, shift differentials, container royalties, and vacation pay. This comprehensive calculation ensures maximum benefit payments during your recovery.
Does the LHWCA cover Yard Truck Drivers and Port Mechanics?
Yes, if you drive trucks moving containers within terminals or maintain cargo-handling equipment, you’re typically considered a maritime employee covered by the LHWCA. The key is whether your work contributes to the port’s marine function.
What If I Was Partially at Fault for My Accident?
The LHWCA is a no-fault system, so your own negligence doesn’t reduce your benefits. Even in third-party lawsuits, maritime law often allows recovery despite some fault on your part, though your damages may be reduced proportionally.
