Injured maritime workers in Houston, Texas, often have rights under state, federal, and maritime laws. Identifying all parties who are legally responsible for your injuries is critical to recovering full compensation. Our attorneys at Simon & O’Rourke Car Accident & Personal Injury Lawyers can help. Call us at 281-667-4081 to schedule a free consultation with a Houston longshoreman third-party claims attorney today.
Your rights may not be limited to benefits under the Longshoremen Harbor Workers’ Compensation Act (LHWCA). Longshoreman third-party claims can provide additional compensation for your injuries. Make the most of your claim by trusting our top-rated law firm to fight for you.
How Simon & O’Rourke Car Accident & Personal Injury Lawyers Can Help With a Third Party Longshoreman Claim
Longshoremen, ship repairers, harbor workers, and other maritime-industry employees risk injury on a regular basis. If you were injured while working in the maritime industry in Houston, TX, you may be entitled to significant compensation.
That doesn’t mean it’ll be easy to recover the money you deserve. An experienced Houston personal injury lawyer can identify all potential options for recovering every available dollar. At Simon & O’Rourke Car Accident & Personal Injury Lawyers, our team of attorneys have more than 43 years of combined experience. We have helped our clients recover tens of millions of dollars to compensate them for their injuries.
When you hire Simon & O’Rourke Car Accident & Personal Injury Lawyers, you’ll have an advocate to:
- Investigate and gather evidence
- Determine who caused your injuries
- Evaluate your rights under the LHWCA third-party claims provisions
- Assess your case value
- Work with experts who can strengthen your claim
- Negotiate with the insurance companies for a full settlement
- Represent you at all hearings and at trial if necessary
Recovering full compensation can be one of the most important things you do. To learn more about how we can help, schedule a free consultation with a trusted Houston longshoreman third party claims lawyer today.
What is the Longshoremen Harbor Workers’ Compensation Act?
The LHWCA is similar to state-level workers’ compensation acts. The LHWCA is designed to provide fast financial assistance to injured workers who are covered by the law.
Covered workers include employees who work on:
- United States navigable waters, if they don’t quality as seamen under the Jones Act
- Docks
- Piers
- Shipping areas
- Terminals
- Wharves
Coverage depends on the nature of the work you provide. A significant part of your work must be related to the maritime industry. Covered employees must also work on, near, or adjacent to navigable waters.
What Types of Benefits Are Available Under the LHWCA?
As is the case with Texas state workers’ compensation laws, benefits under the LHWCA are limited to certain economic damages.
Benefits typically include:
- Medical coverage
- Disability benefits, which cover about ⅔ of your wages prior to the disability
- Vocational rehabilitation
- Transportation costs
- Death benefits, including up to $3,000 in funeral expenses
In exchange for these benefits, you may forfeit your right to sue a negligent employer for damages under Texas personal injury laws.
What Are Third Party Claims Under the LHWCA?
Your employer is protected from lawsuits under the LHWCA. That said, employers aren’t always responsible for injuries suffered by their employees on the job. It’s entirely possible that someone other than your employer bears responsibility.
The LHWCA only protects your employer. You retain your right to file a claim for additional compensation against any third party who caused your injuries.
For example, depending on the circumstances, you could have a valid third-party claim against:
- Ship owners
- The manufacturer of defective equipment
- General contractors working on site
- Terminal operators who failed to maintain safe working conditions
- Third-party truck drivers
- Stevedoring contractors
The ability to file a third-party claim makes it critical to identify all parties who were legally responsible for your injuries. LHWCA benefits are extremely limited. With a third-party claim, you can recover compensation to cover all of the damages you have suffered. That includes full lost wages, property damage, pain, suffering, trauma, and other injury-related losses.
How Do Longshoreman Third Party Claims Work?
You can file a third-party claim even if you’re receiving LHWCA benefits. When you successfully recover compensation via a longshoreman third party claim, that compensation is initially given to your employer. It will offset any benefits you’ve received under the LHWCA.
You’re entitled to keep any amount that is above and beyond the LHWCA benefits you’ve already received.
Two sections of the LHWCA allow victims to pursue third-party claims. One applies when the responsible party is a vessel owner. The other allows claims against other third parties.
What is a Section 905(b) Longshoreman Third Party Claim?
LHWCA Section 905(b) allows covered workers to file a third-party claim against a negligent ship owner. When you file a Section 905(b) claim, you’ll continue to receive LHWCA benefits. Both you and your employer can pursue compensation from the negligent ship’s owner under Section 905(b).
For example, you may have a valid 905(b) claim if you were injured because:
- The ship crashed into a dock where you were working
- You boarded the vessel at dock and were injured due to dangerous working conditions aboard
- A piece of equipment fell from the ship onto the dock
It’s important to remember that you cannot pursue a Section 905(b) claim if you qualify as a seaman under the Jones Act. Further, stevedores contracted by the ship cannot pursue compensation via Section 905(b).
What Are Section 933 Longshoreman Third Party Claims?
Section 933 of the LHWCA gives injured workers the right to take legal action against negligent third parties who are not the ship’s owner.
You may have rights under Section 933 if you were injured while working as a longshoreman and:
- Someone other than your employer was responsible
- The third-party claim is filed within six months of the injury (either you or your employer can initiate the claim)
Again, the compensation recovered is first allocated to covering your employer’s costs. As the injured maritime worker, you’re entitled to keep any excess amounts.
Contact Our Team Today for More Information about Longshoreman Third Party Claims
It’s critical to have an experienced maritime injury attorney review your case if you were injured working as a longshoreman. You may have the right to pursue compensation above and beyond what the LHWCA covers. An experienced Houston longshoreman third party claims lawyer can help you get the compensation you deserve.
Successful longshoreman third party claims can significantly increase your compensation award. Contact Simon & O’Rourke Car Accident & Personal Injury Lawyers at 281-667-4081 to schedule a free case review and learn more about your legal options today.
