905B Claims or “Shore-Based Injury” Claims & Lawsuits

905B Lawsuits

A 905 B claim is an injury claim filed against a thirty party other than the worker’s employer. 905B claims are for those workers injured while providing land based services such as ship repair or maintenance, ship building or other land or shore based work on vessels and ships. When these workers get injured and they are able to show that their injuries were caused by the ship owner, then they can file a 905b negligence or tort action against the ship owner.

A 905b claim is based on negligence, therefore if the 905b worker is proved to be more negligent than the ship owner, then there would be no recovery on such claim, unlike injuries under the Jones Act or State worker’s compensation. Such ship or vessel owner negligence most often occurs where the ship has a dangerous condition or defect or in situations where the ship owner or one of the vessel’s crew was negligent and such negligence caused or contributed to the injury to the worker. This statute or its benefits do not apply if the injured longshoreman was injured by a fellow longshoreman that was also working on the vessel or providing needed services to the vessel.

Which Maritime Law Apply?

The fact that a worker is working on or near the water, does not automatically qualify that injured worker to the Jones Act, General Maritime Laws or maritime injury legal rights. In many cases injured workers on the docks at riverports, shipyards terminals and ports are only able to qualify for State Worker’s Compensation. Stevedores due to the nature of the way most of them are contracted by the vessel owner or operator, stevedores may not have a claim under 905b, but rather only State Worker’s Comp. Remember stevedores are not the same as a longshoreman even though may at times do similar tasks. The legal difference often lies in the way they were contracted and what the contract of employment states.

The determination of whether an injured worker is a 905b claimant, a Jones Act seaman or claimant under State Worker’s Compensation is often a difficult one to map out based solely on what happened. An experienced maritime attorney that understand the complexities of the Jones Act , 905 B, and the implications of the Longshore and Harbor Workers’ Compensation Act (LHWCA) is often needed to help the injured worker maximize his benefits and protect his legal rights.

Filing Deadlines in Maritime and Shore Based Injury Cases

Another danger zone for injured workers deals with important statute of limitations or filing deadlines or time limit to file that must be followed in order to ever even have a claim or lawsuit, no matter what the facts and how badly the worker is hurt. The Statute of Limitations for filing a Jones Act case is 3 years for the date of the incident. Claims under 905b also have a 3 year statute of limitations, however an injured worker needs to be very careful and should consult a 905b lawyer as even though it is a 3 yr filing deadline some 905B claims are really more applicable to be filed under state based negligence or tort law and as such filing deadlines for state based causes of actions and claims need to be filed sometimes as early as ONE YEAR from the date of the incident. Those workers that wait too long, their legal rights may be lost or expired due to a missed Statute of Limitations error or calculation.

Talk to a Maritime Injury Lawyer Now

It is because of the confusing nature of these laws, the injured worker needs to talk to a maritime attorney about their case. These legal traps that are easy to fall into when dealing with all the laws dealing with 905B Claims vs. Jones Act Claims vs. LHWCA benefits vs. State Worker’s Comp vs. Negligence or Tort Claims and Causes of Actions and Lawsuits under State Law. Call now and talk to a trial lawyer with over 30 years of experience at 1-800-883-9858 or fill out the online form and we will promptly call you back.

Longshore and Harbor Workers’ Compensation Act

When a harbor worker or longshoreman is injured, he or she is protected under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This act is a federal law governed by the U.S. Department of Labor and is designed to provide compensation for a dock worker or stevendore who was injured while performing some type of job related task. The LHWCA was passed in 1927 and gives coverage to longshoremen who work upon navigable waters in the Untied States. In 1984, the law was amended to give all longshoremen and harbor workers the same level of protection.

Eligibility for Filing LHWCA Claims

Any longshoreman or harbor worker who is injured on a pier, wharf, dry dock or shipping terminal may be eligible to receive compensation under the Longshore and Harbor Workers’ Compensation Act. Basically, this federal law protects employees who have a traditional relationship to maritime employment, such as a longshoreman, harbor worker, ship repairman, shipbuilder or ship breaker. Employees who perform the following duties are generally protected by this law:

  • Loading or unloading vessels
  • Ship construction
  • Repairing ships and other vessels
  • Harbor work
  • General maritime construction

The Longshore and Harbor Workers’ Compensation Act Benefits

The Longshore and Harbor Workers’ Compensation Act allows the injured harbor worker or longshoreman to receive medical care and income benefits. These benefits may include medical coverage, lost wages and rehabilitation services. Injured longshoremen and harbor workers are able to choose their own physicians.

In the situation where an injured worker is not able to return to work because of the injury, then he or she may receive temporary disability benefits. Temporary benefits should equal 66 2/3 percent of the worker’s average weekly wages at the time of the injury. The benefits are generally paid every two weeks.

There is a deadline when it comes to applying for compensation under the LHWCA. The injury claim must be filed within one year of the accident with the U.S. Department of Labor. Missing this deadline could prohibit the injured worker from receiving benefits for sustained injuries.

Third Party Lawsuit

If the injury was caused by negligence on the part of someone other than the employer or if there was a dangerous condition on the vessel that resulted in an accident, then a third party lawsuit may be filed. Contact an experienced maritime attorney to determine who was at fault and discuss the legal options available to you and your family.

Death Benefits Under Longshore and Harbor Workers’ Compensation Act

Work as a longshoreman, harbor worker or other employee in the maritime industry is very physical and can be dangerous at times. When a worker is injured or killed, benefits are available under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

The Longshore and Harbor Workers’ Compensation Act provides benefits to employees who have maritime occupations, which include longshore workers, harbor workers, ship repairers, shipbuilders and shipbreakers. According to the U.S. Department of Labor, compensation and medical care is available for employees who are disabled from injuries that happened “on the navigable waters of the United States, or in adjoining areas used in loading, unloading, repairing, or building a vessel.”

This federal law also provides benefits to dependents if the maritime injury resulted in the worker’s death. The dependent could be a widow, widower or other eligible survivor, such as a parent, grandparent, sibling or grandchild.

Death benefits under the LHWCA include funeral expenses up to $3,000. In addition, the widow or widower receives 50 percent of the average weekly income of the deceased lonshoreman or other qualified employee for life or until the spouse remarries. If the deceased employee had one or more children, additional compensation of 16 2/3 percent of the average weekly income is available.

If there is no spouse and only surviving children, 50 percent of the average weekly income is paid on behalf of the first child. In the case of more than one child, a maximum of 66 2/3 percent of the average weekly wages will be shared equally among the children.

When the widow or widower remarries, he or she will receive a lump sum of money, which will cover two years. Children, siblings and grandchildren will receive the LHWCA death benefits until they reach the age of 18, but can have an extension until age 23 if they are in school.

If you have lost a loved one in a maritime accident, you should contact a maritime accident lawyer for legal advice. Contact our law firm today for a free, confidential consultation.

LHWCA Benefits for Widows and Other Surviving Family Members

The death of a loved one is difficult and it can be even worse if the person who passed away was an income provider. There are benefits available for widows and surviving family members of longshoremen and other maritime workers. Under the Longshore and Harbor Workers’ Compensation Act (LHWCA), dependents of the deceased worker may be able to recover benefits if a maritime injury contributed to the death.

The LHWCA was created to allow employees to receive compensation and medical care if they become disabled from injuries that occurred “on the navigable waters of the United States, or in adjoining areas used in loading, unloading, repairing or building a vessel.”

Based on this federal law, dependents who may be eligible to receive LHWCA benefits include the widow, widower, parent, grandparent, sibling or grandchild.

Death benefits provided by the Longshore and Harbor Workers’ Compensation Act include funeral expenses up to $3,000 and 50 percent of the employee’s average weekly income. If the deceased worker had one ore more children, an additional 16 2/3 percent of the average weekly income is available.