Dock accidents often happen without warning, leaving many workers with physical harm that must be treated. To claim compensation for such injuries, maritime injury employees must know their rights.
If you got hurt in such an accident, working with a competent Midland dock worker accident lawyer can help you get the money you deserve. Our team can guide you through the complexities of the case and help you to receive fair compensation.
Federal Laws Protecting Dock Workers
One of the ways injured dock workers can seek compensation is through the following federal protection. An experienced dock accident lawyer in Midland can help determine the best legal path for maximum compensation.
Longshore and Harbor Workers’ Compensation Act (LHWCA)
This federal law provides benefits to longshoremen, dockworkers, shipbuilders, and other maritime employees who work near navigable waters. LHWCA covers medical expenses, rehabilitation, and disability benefits. Unlike standard workers’ compensation, it often provides higher compensation rates.
Protection Under the Jones Act
If the injured dock worker qualifies as a seaman, they may seek compensation under the Jones Act. This law allows seamen to file negligence claims against their employer in case unsafe working conditions cause the injury. Unlike LHWCA, the Jones Act provides the right to sue for damages, including pain and suffering. Similar to a regular personal injury lawsuit, to claim compensation under this act, the seaman must prove the employer’s negligence.
Liable Parties in Dock Accidents
Liability in a dock accident is not always straightforward. To understand how to go about filing a claim, the injured worker has to find responsible parties. The liability usually belongs to:
- Employer: If the employer fails to provide a safe work environment or adequate training, they may be held liable.
- Vessel Owner: If a dock worker was injured due to unsafe conditions on a vessel, the vessel owner may be responsible.
- Third-Party Contractors: Many docks employ multiple contractors. If a worker was injured due to another company’s negligence, they can file a standard personal injury claim.
- Equipment Manufacturers: Defective or poorly maintained equipment (e.g. cranes, forklifts) can cause serious injuries. If faulty equipment contributed to the accident, the manufacturer or maintenance provider may be held liable.
- Dock or Port Authorities: If the accident was caused by hazardous conditions on the dock, the entity responsible for managing that dock may share liability.
A skilled Midland dock worker accident lawyer can investigate the accident and identify responsible parties.
Third-Party Claims
If a third-party contractor caused the accident, the injured dock worker can file a claim against them. Such claims require the injured person to prove the at-fault party’s negligence and back damages with evidence. The advantage of filing a personal injury claim is the possibility of recovering maximum compensation, including non-economic damages.
Talk to an Experienced Dock Worker Accident Lawyer in Midland Today
Seeking compensation for injuries you sustained in a dock accident can be complicated. Maritime workers have many options, but understanding which ones work best requires legal experience.
At Schechter, Shaffer & Harris, LLP, we can help you take advantage of the most relevant legal process. We have decades of experience with these laws, so you can call us to schedule a free case review at any time.
