Because of the diverse, physical labor they perform, dock workers face a constant risk of injury. Lifting heavy cargo, working in wet and icy conditions, being exposed to toxic substances, and operating heavy machinery increase their chances of experiencing an accident or developing an injury. Because their work is dangerous, the law takes precautions by providing an avenue for compensation to access if they need it.
If you have suffered an injury during employment as a dock worker, or if someone you cared about died from an injury sustained while employed, you should understand what options you have for seeking compensation. Speak with Elissa M. Coombs, an experienced Memphis dock worker injury lawyer at the Law Office of David E. Gordon, today to discuss potential methods of alleviating your financial burdens.
Liability of Employers of Longshore and Harbor Workers
The Longshore and Harbor Workers’ Compensation Act (LHWCA), applies to land-based workers along navigable waters of the United States. Employers are liable to their workers for medical treatment and compensation for cases of death and disability. Notice of an injury or death qualifying for compensation must be given within 30 days of when the beneficiary knows or should have known there was a connection to employment. An employer who fails to compensate an employee may face a misdemeanor imposing a fine of up to $10,000 and imprisonment for up to one year.
An employee seeking compensation under the LHWCA has one year to file a claim. A claimant who wants to file on behalf of someone who died under work conditions can get in touch with a Memphis dock worker injury attorney to see if they can also file an LHWCA claim.
Ask a Memphis Dock Worker Injury Attorney about Any Potential Options
A dock worker injured on the job can seek compensation for lost income under maritime law. The relief available depends on factors such as the company you work for, what your job position is, what caused your injury, and who is responsible for the incident.
Similarly, for personal injury or loss of life caused by a vessel owner, a dock may qualify for damages under the LHWCA against that vessel owner even if the vessel owner is not his or her employer. To file a negligence-based claim against a vessel owner, the injured worker would need to prove that the vessel owner owed a legal duty, breached this duty, and the damages were the direct consequences of their carelessness. The seasoned maritime attorneys at the Law office of David E. Gordon could help a claimant prove there was a negligent conduct and establish liability based on those actions.
Understanding the legal liability and applicable statutes can be difficult for anyone unfamiliar with admiralty law. If you are a dock worker who is uncertain about how to pursue compensation or file a claim after a work-related injury, contact Memphis dock worker injury lawyer Elissa M. Coombs at the Law Office of David E. Gordon to discuss your case.