Vast Understanding Of Longshore And Harbor Workers’ Claims
If you’re a longshoreman or dock worker who has been injured or disabled in a California waterfront accident, call or email the Oakland, Long Beach and San Diego longshoreman injury lawyers at Brodsky Micklow Bull & Weiss LLP.
Laws Protecting Harbor Workers
The federal Longshore and Harbor Workers Compensation Act (LHWCA) allows harbor workers (including stevedores, crane operators, longshore checkers, terminal workers, shipbuilders, marine construction workers, vessel repair workers, and others employed in shipyard or waterfront occupations) to recover the costs of medical care and two-thirds of their average weekly wages during periods of disability due to injury on the job. The LHWCA also applies to certain gas or oil rig employees working from fixed offshore platforms.
While these benefits are payable without regard to an employer’s fault, in most cases they will be considerably less than the damages recovered in a negligence action. The LHWCA prohibits the injured dock worker from suing his or her employer, but allows the injured employee to sue a third party — such as a shipowner, or equipment manufacturer — for damages under the general maritime law, or state-law negligence proceedings.
Guiding You Through Your Claim
The experienced maritime Oakland, Long Beach and San Diego longshore personal injury attorneys of Brodsky Micklow Bull & Weiss LLP can help you determine whether you have the right to sue a negligent third party for substantial damages. We can also advise you whether a maritime lawsuit represents a more complete recovery for you than a negligence claim under state law.
You don’t necessarily have to be right next to the water to recover negligence damages under maritime law. If you’re a forklift driver injured a quarter mile inland while stacking cargo pallets, and the accident was caused by poorly balanced loads due to unsafe handling or repacking at sea, you might have a claim for negligence against the owner of the vessel.
Contact Our Law Firm
To find out more about your rights as an injured longshoreman, linesman, or boat yard worker, contact or call the Oakland, Long Beach and San Diego maritime negligence attorneys at Brodsky Micklow Bull & Weiss LLP, at 510-268-6180 or toll free at 855-SEA-SOS1.