The Longshore and Harbor Workers’ Compensation Act (commonly known as the “Longshore Act”) is an important federal law that provides special protections to qualifying maritime workers. If you qualify under the Longshore Act, not only can you receive “no-fault” benefits from your employer or its insurance company if you suffer a work-related injury, but you can also seek additional compensation from any third parties who are responsible for your losses. It is generally best to hire an experienced maritime injury attorney to help investigate whether you have a third-party claim, commonly called a “905(b) claim.”
Hire an Experienced Houston Longshore Act Attorney
At Morrow & Sheppard LLP, we have extensive experience representing longshoremen, dock workers, and harbor workers in both no-fault and third-party claims under the Longshore Act. Attorneys Nick Morrow and John D. Sheppard regularly handle cases under the Longshore Act, and they frequently handle other types of maritime and offshore injury cases as well. If you want an attorney you can trust to seek maximum compensation for your losses, contact us today for a free consultation about your case.
Do I Qualify for Compensation Under the Longshore Act?
The easiest way to figure out if you qualify under the Longshore Act is to understand who the law isn’t intended to cover. The Longshore Act doesn’t cover “seamen,” and it doesn’t cover non-maritime employees. As a result, the types of workers who are eligible for compensation under the Longshore Act include:
- Harbor workers
- Dock workers
- Maintenance and repair workers at ports and terminals
- Land-based equipment operators
- Administrative employees in the maritime industry
If you aren’t sure if you qualify, one of our attorneys will provide you with a thorough assessment of your legal rights.
What if I Don’t Qualify Under the Longshore Act?
If you do not qualify under the Longshore Act, then you may be entitled to seek compensation for your work-related injuries through other means. For example, offshore workers and others who work onboard vessels in navigation can typically seek compensation as a “seaman” under the Jones Act. Other workers can file claims under a law known as the Outer Continental Shelf Lands Act (OCSLA). If you work on land but do not qualify under the Longshore Act, then you will typically be able to file a state-law claim for workers’ compensation. These, of course, are in addition to any claims you may have against companies other than your employer that are responsible for your injuries. With these “third-party” claims, you can seek to recover compensation that is not available through a no-fault Longshore Act claim.