Longshoreman Injury Lawyers
Necessitating extensive training and knowledge of safety precautions, the dangerous job of a longshoreman involves working in perilous conditions, maintaining piers, docks and terminals of ports along coastal regions throughout the United States. Perhaps you’ve been to a busy port and witnessed the long, heavy crates being loaded and unloaded from large ships or barges. This requires the use of massive machinery, which naturally poses a great risk to longshoremen.
Consider the following types of longshoreman accidents:
- Falling cargo
- Equipment failure or lack of maintenance
- Transtainer crane accident
- Improperly balanced container
- Exposure to toxic chemicals
- Direct impact or hit by worker using heavy machinery
- Slip and fall on ship deck
The above mentioned incidents can cause a traumatic brain injury (TBI), spinal cord injury, head and neck injury, fractured or crushed bones, torn muscles and ligaments, burns and lacerations, stress injury (carpal tunnel syndrome) and may lead to cancer from continued exposure to carcinogenic substances.
Surprising to some, many longshoreman injuries are a result of the negligence of other longshoreman. This is mostly due to the intense labor, long working hours and extreme exhaustion of employees, leading to more accidents.
If you are a longshoreman in South Carolina, and you’ve been injured on the job, you need an experienced longshoreman injury lawyer to successfully navigate your injury and claim. As a longshoreman, you do not qualify for standard workers’ compensation benefits, nor do you meet requirements per the Jones Law. The Longshore and Harbor Workers’ Compensation Act (LHWCA) of 1927 makes it possible for you to apply for benefits for your work-related injury. However, the process can be complicated and tedious.
Wern Lawyers in North Charleston is positioned to help injured longshoreman obtain the medical and wage benefits that they need under the LHWCA. With a practice focus on personal injury and workers’ compensation cases, we work to make things right again so that you can focus on recovery.
We Ensure Injured Workers’ Rights Are Protected
Because of the extreme risks associated with maritime workers, including longshoremen, there are added provisions and protection for sailors and longshoremen. This comes through federal legislation under the Longshore and Harbor Workers’ Compensation Act (LHWCA).
Yet, given the complexities involved in longshoreman injuries, the amount and type of benefits an injured worker can obtain depends on who was at fault. For instance, the LHWCA does not allow for injured longshoreman to sue their employer. In addition, most benefits associated with the LHWCA are monetary. What does this mean? While medical and wage (lost pay) benefits are covered under the LHWCA, pain and suffering are not. Thus, when a negligent third party is at fault for a longshoreman’s injury, a lawsuit can be initiated against the negligent worker.
As an example, suppose that you are unloading cargo from a ship. Because debris is left on the ship’s deck, you suffer an injury. In accordance with the LHWCA, you are allowed to file a claim for benefits. Additionally, you may file a personal injury claim against a negligent third party for not maintaining a clean ship deck.
With expertise pertaining to personal injury and workers’ compensation cases along South Carolina’s Lowcountry, including Summerville and St. George, Wern Lawyers in North Charleston make it our primary responsibility to protect injured workers’ rights. We help them receive the benefits that they need and deserve. For a free evaluation of your longshoreman injury and claim, contact us today.