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Getting Compensation After a Shipyard Accident

Shipyards can be dangerous places to work, as reported by the Occupational Safety and Health Administration (OSHA). Any number of hazards can lead to shipyard accidents, from the use of dangerous tools and equipment to working in confined spaces.

You may be able to pursue damages from a liable party if the accident that led to your injuries occurred due to negligence. Liable parties may include:

  • Third-party shipowners
  • Third-party contracting companies
  • The shipyard owner/operator

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Filing a Longshore and Harbor Workers’ Compensation Act (LHWCA) Lawsuit

The Longshore and Harbor Workers’ Compensation Act (LHWCA) protects the rights of maritime workers, according to the U.S. Department of Labor (DOL) Division of Longshore and Harbor Workers’ Compensation (DLHWC).

Under this Act, maritime workers may sue liable parties to pursue damages for workplace accidents. Coverage from the LHWCA extends to those injured in a shipyard accident. If you were injured on the job, an experienced workers’ compensation lawyer can help you recover damages.

Shipyard Workers Covered by the Longshore Act

Typically, the LHWCA covers maritime workers who can be defined as “maritime employees.” According to this definition, a maritime employee:

  • Generally works on the repair or building of a ship
  • May help with loading/unloading (harbor workers)
  • Is also called a “longshore worker”

Why is it important to know how this federal law defines your job? This definition will affect how you file for damages.

Maritime Workers Not Covered by the LHWCA

If you do not fall under the definition of a maritime employee, you may have to file for compensation under the Jones Act instead of the LHWCA.

According to the DOL, the Jones Act covers those who work at sea, also called a “seaman.” A seaman also contributes to work on the ship, but unlike longshore or harbor workers, they may spend the majority of their time working aboard the vessel while on open waters.

Maritime Injury Cases vs. Workers’ Compensation Claims

Maritime employees and seamen alike do not have access to general U.S. workers’ compensation benefits—these funds are for land workers.

Instead, the LHWCA and the Jones Act allow maritime workers, including those harmed in shipyard accidents, to file for damages from workplace accidents. These laws cover workers’ compensation benefits, when they apply, as well as the right to file a lawsuit against a liable party for negligence. If you’re unsure which law may apply to your case, an Alexandria shipyard accident lawyer can help simplify this process for you.

Damages You May Recover for Shipyard Accident Injuries

When you are ready to file, you may be able to seek several different damages depending on the circumstances of the accident. Damages, or compensation, are meant to help you recover from your injuries and replace any income you may have lost due to the accident.

Workers’ Compensation Benefits

Workers’ compensation benefits for shipyard workers cover any wages you lose from the time the accident occurred until you recover and can return to work. This includes:

  • Salary/wages
  • Health insurance coverage
  • Employer-paid benefits, such as 401k earnings
  • PTO benefits

If you are expected to have an extensive recovery time, or if you suffer life-altering damage, you may be able to file for these damages separately in your injury lawsuit.

Medical Expenses

Typically, a third-party shipowner or contractor will have to pay for your medical care if they are found to be liable for the accident. Medical expenses vary greatly from one person to the next, but some typical medical costs in shipyard injury cases include:

  • Acute medical care costs
  • Follow-up care
  • Emergency medical assistance costs
  • Surgeries
  • X-rays and other tests or scans
  • Pain-reliever medication costs

Other Damages

Shipyard accidents can be devastating, potentially leading to permanent injuries that leave you with physical disabilities or impairments. Some people may lose loved ones to these incidents as well, leading to great pain and suffering for surviving family members. In cases like these, additional compensation may be available. Examples of other damages in shipyard injury cases include:

  • Mental anguish
  • Funeral and burial costs
  • Projected future medical expenses or loss of work

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His attention to detail, strong communication, and genuine dedication made a stressful situation much easier to navigate. Derek went above and beyond to achieve the best possible outcome, and I’m truly grateful for his hard work.

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New Iberia

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How an Alexandria Shipyard Accident Lawyer Can Help

After a serious accident, injured parties often want to get compensation as soon as possible to get on with their lives. Working with us can help you through this process, as our firm will handle all aspects of the financial recovery process when we represent you. A lawyer from our team will provide multiple services along the way, such as:

  • Determining the Liable Party: Whoever was at fault for the accident can be held liable if the court finds that they were negligent in some way, and this negligence led to your injuries. We know how to prove liability and will help you understand who may owe you compensation.
  • Keeping You Informed: Filing a lawsuit can be a confusing process, but our shipyard accident team can help you stay up to date. We will ensure you are always aware of any progress in your case and the next steps to take.
  • Offering Support and Advocacy: Working with our firm means you have access to constant legal advice and someone who will fight for fair compensation on your behalf.
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Reach Out to Laborde Earles Injury Lawyer for Help with a Maritime Injury Case

Are you ready to learn how to pursue compensation for your injuries? An Alexandria shipyard accident lawyer from our team can help. At Laborde Earles Injury Lawyers, we have a proven track record in personal injury cases, with multiple million-dollar verdicts. Contact us today for your free consultation.

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