Maritime and Longshore Attorneys in Pennsylvania and New Jersey
Our attorneys are experienced in maritime law cases and have helped many injured
longshoremen, seamen, other maritime workers, and their families get the financial
compensation to which they are entitled. The trial lawyers at have the expertise
you need to reach a successful outcome in your maritime or longshore case, so contact our Pennsylvania or New Jersey offices today
for a free consultation.
Longshore and Maritime Claims
Longshoremen and maritime workers are exposed to unique on-the-job hazards on a
daily basis. Whether working offshore, on the waterfront, or shipside, these workers
are regularly exposed to dangerous conditions, machinery, cargo, and equipment that
can cause injury. If you or a loved one has been injured in a longshore or maritime
accident, you need to contact trial attorneys with significant experience and expertise
in handling longshore and maritime claims. The longshore and maritime attorneys
at Sheridan & Murray have the expertise that you need. We have helped numerous
longshoremen and workers with maritime law cases in Pennsylvania and New Jersey
obtain the compensation they deserve. The trial attorneys at Sheridan & Murray
are determined, experienced, and will help navigate the complexities of your case.
Longshore Accidents
Longshoremen are maritime workers who are generally responsible for:
- Loading and unloading cargo from ships
- Building and repairing ships
- Other tasks incidental to working on the waterfront on piers, docks, and shipping
terminals.
When a longshoreman is injured in an accident, the injured worker may be able to
recover compensation for damages, medical bills, rehabilitation costs, lost wages
and more through their employer’s
workers’ compensation coverage and from any negligent third party under
maritime laws.
Longshore and Harbor Workers’ Compensation
The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal maritime
law that was enacted to provide comprehensive workers’ compensation coverage for
maritime workers who are injured on navigable waters. The LHWCA was initially enacted
by the federal government in 1927 to provide injured longshore workers with coverage
where there was no state workers’
compensation. This system led to wide-spread disparity in coverage for injured
workers and prompted the federal government to amend the LHWCA in 1984 to provide
uniform benefits to injured workers throughout the United States.
The LHWCA is administered by the U.S. Department of Labor and provides coverage
to the following groups of workers:
- Longshoremen
- Harbor Workers
- Stevedores
- Ship Repairmen
- Shipbuilders / Ship-Breakers
The LHWCA provides coverage to these workers if they are injured while:
- Loading/unloading cargo
- Building/repairing ships
- Working on piers, ship terminals, wharfs, off-shore platforms, dry docks and bridges
Under the LHWCA, maritime workers and longshoremen are entitled to financial compensation,
benefits, and services if they are injured, disabled, or killed incident to their
employment. The LHWCA provides coverage for any injury sustained on the job or occupational
disease that arises from or is worsened by marine employment. Injured workers are
eligible for benefits under LHWCA maritime law regardless of their previous physical
condition and pre-existing injuries if the conditions are aggravated, re-injured,
or worsened during employment.
The LHWCA provides the following types of benefits to injured workers:
- Payment of Medical Expenses
- Payment of Disability Compensation
- Rehabilitation Services
The LHWCA requires that employers make payment for all medical care and rehabilitation
necessary to treat the injuries sustained by a longshoreman during the course of
employment. The LHWCA also entitles the worker to select the physician of his or
her choice for treatment. The employer is also required to pay out disability compensation
to the injured worker for lost wages due to the injuries sustained. Disability compensation
is typically paid at a rate of two-thirds of the worker’s average weekly wage. However,
some injuries have a uniquely established rate and schedule of compensation. In
the event of death caused by injury, the LHWCA requires employers to dispense funeral
expenses and other compensation payments to the surviving spouse and family.
Injured workers need to know that the LHWCA is their only remedy and means to pursue
a maritime law claim against their employer as a result of injuries sustained during
the course of maritime employment. Injured workers are not permitted to pursue third-party
claims against their employer. The LHWCA is the exclusive means for the injured
worker to recover compensation from his or her employer. One advantage of this statutory
system is that the injured worker need not prove that the employer was at fault
for causing the injury or occupational disease. The injured worker may recover benefits
under LHWCA even where the injured worker is partially responsible for causing the
accident or injury.
Each claim brought under the LHWCA is different and possesses varying degrees of
complexity, making it extremely important to select an attorney who has the experience
and expertise to handle any LHWCA claim. At Sheridan & Murray, our maritime
and longshore attorneys help workers in Pennsylvania and New Jersey clients successfully
pursue LHWCA claims and can help you as well.
Longshore and Harbor Workers – Third-Party Lawsuits
Longshoremen and other maritime workers who have been injured may also be able to
file a third-party lawsuit if their injuries were caused due to the negligence of
someone other than their co-workers or employer. The investigation of third-party
maritime and longshore claims is essential to properly protecting the interests
of the injured individual. It is critical to your case that you report the accident
to your employer immediately and consult an attorney as soon as possible to ensure
that your rights are adequately protected. If you or a loved one has been injured
in a longshore or maritime accident due to the negligence of a third party, you
need to contact trial attorneys with significant experience in handling third-party
and longshore claims in New Jersey and Pennsylvania. The longshore and maritime
attorneys at Sheridan & Murray have the expertise that you need to achieve a
successful outcome in your lawsuit
Unseaworthiness Claims
In addition to holding a maritime employer responsible for acts of negligence, a
seaman can recover financial compensation if it can be proven that the vessel was
unseaworthy and the injury occurred as a result. It is the vessel owner’s responsibility
to provide workers with a seaworthy vessel. Under the law, a seaworthy vessel is:
- Suited for its intended use
- A safe place to work
- A safe place to live
- Outfitted with safety gear and equipment that works properly
- Equipped with safe recreation facilities
- Staffed with a competent crew
Unlike a Jones Act claim,
which is brought against the seaman's employer, an unseaworthiness claim is made
against the vessel's owner. In many maritime injury and wrongful death cases, the
owner and employer will both be sued for damages in order to achieve maximum fair
compensation. Claims of unseaworthiness have a statute of limitations which states
that the claim be filed within three years of the injury. Additionally, the unseaworthiness
claim must be combined with a Jones Act claim. If you have been injured due to the
unseaworthiness of a vessel, contact our lawyers today.
Their experience and expertise in maritime law cases in Pennsylvania and New Jersey
will help you achieve a positive outcome in your case.
See also: What Is
the Jones Act