LHWCA-What If I’ve Been Injured By a Vessel?

Posted by: rzehl
April 07, 2009
Topic: Longshore and Harbor Workers Compensation Act (LHWCA)

When someone covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA) is injured by a vessel, that individual is entitled to pursue the negligent vessel as a third party. Essentially, if you are hurt by a vessel, you may sue that vessel in order to recover damages under 33 USC § 933 of the LHWCA. In addition, your employer will not be liable to that third party vessel for your damages.

There are a few exceptions to this general rule. First of all, if you were employed by the vessel to provide stevedoring services and your injury stems from the negligence of those aiding you in providing said services, you will not be able to recover against the vessel. Also, if you were employed to provide shipbuilding, repairing or breaking services and your employer was the owner, operator or charterer of the vessel, you will be unable to recover against your employer or his other employees.

In order to navigate the complexities of maritime law, one must be well-versed in several unique areas of law including the Jones Act, LHWCA and the Death on the High Seas Act (DOHSA). The vast majority of attorneys will never handle an offshore injury case. The fact is that most lawyers are ill-equipped to help you.

If you or a loved one has been injured offshore, contact the experienced Texas and Louisiana maritime attorneys at Fitts Zehl by phone (713) 491-6064 or email info@gulfcoastmaritimelawyer.com. We’ll work hard, using our extensive resources and expertise, to recover every penny owed to you by those responsible for your injuries.    

Web Resources

Houston Jones Act Attorney
Houston Car Accident Attorney
U.S. Courts
United States Chamber of Commerce
FirstGov
Library of Congress
Yahoo!Legal Blog Directory