Pasadena Dock Worker Accident Lawyer

The average person might assume that most workers in the maritime industry spend most of their working time out at sea. Anyone who actually works in this field knows that workers in docks and harbors on shore are a vital part of this industry. Just like workers who operate out on the water, dock workers often have to perform complex tasks under dangerous conditions, and even a small mistake by another worker or act of negligence by their employer can have devastating repercussions.

Fortunately, you likely have some unique protections under federal law as someone who does maritime work on shore, as a Pasadena dock worker accident lawyer could further explain. Depending on what transpired, you may also have grounds to file a civil lawsuit against someone other than your employer who played a role in causing your accident. This is something a seasoned maritime injury attorney could assist you with.

Jones Act vs. LHCWA for Dock Workers

There are two distinct pieces of federal legislation which provide an equivalent to workers’ compensation coverage for maritime workers: the Jones Act, and the Longshore and Harbor Workers’ Compensation Act (LHWCA). The latter Act more commonly comes into play after dock worker accidents, since it is meant to cover maritime workers who spend most of their working time “on, near, or adjacent to navigable water.” The Jones Act is designed to protect workers who spend a substantial amount of time away from land on an actively operating vessel.

The LHWCA provides coverage not just to longshoremen, but also to shipbuilders, ship repair and maintenance crews, and even dock workers who never actually set foot on board any ship. This could include truck drivers who transport cargo to and from ships, where someone else is responsible for loading and unloading. As a Pasadena dock worker injury attorney could explain, this Act specifically excludes people who perform administrative work for marinas and harbors, as well as people who perform mechanical and maintenance work solely on recreational vessels.

Getting Paid Fairly for a Dock Work Accident

This law provides fairly similar benefits to what a traditional workers’ comp system would provide. This can be especially important for dock workers whose employers are “non-subscribers” to workers’ compensation insurance in Texas. In addition to reimbursement for all reasonably necessary medical expenses and related travel costs, claimants can also pursue disability benefits if their injury leaves them unable to work for any period of time. This is generally equivalent to two-thirds of their pre-injury average weekly wage.

Depending on the nature and severity of a claimant’s disability, they may be eligible for temporary partial, temporary total, permanent partial, or permanent total disability benefits. If an injured dock worker in Pasadena can never return to their old job because of a work-related injury or illness, a skilled lawyer could help them seek vocational rehabilitation services and support.

Talk to a Pasadena Dock Worker Accident Attorney Today

It is worth emphasizing that the rules mentioned above apply specifically to claims filed under the LHWCA. They do not apply to third-party litigation pursued against someone like a contract worker, supplier, or manufacturer whose misconduct contributed to you getting hurt while performing dock work. While you cannot recover twice for the exact same damages through both an LHWCA claim and a third-party lawsuit, the latter may allow you to recover for other types of damages like personal property damage, physical pain, and psychological distress.

No matter what path towards recovery best suits your unique situation, you will want guidance from a seasoned personal injury attorney who knows exactly how to handle situations like yours. Call today for a free consult and to learn how a Pasadena dock worker accident lawyer could assist you.