Archive for the ‘Harbor Workers’ Compensation Act Claims’ Category

It is not just seamen who perform the important work on the navigable waters of the United States.  Longshore and harbor workers also have important roles to play in the business of the sea.  It is the longshore and harbor workers who build and repair ships and who load and unload vessels, for example.  While the work of longshoremen does not take them out into the open waters, their jobs are still dangerous and can easily result in injury.

Three of the most common injuries suffered by longshoremen and harbor workers include:

• Slip and Fall Accidents: the slippery docks and abundance of equipment on the docks can create hazardous conditions that can lead longshoremen and harbor workers to slip or trip and fall and injure themselves.
• Equipment and Machine Related Accidents:  the heavy equipment and machines used by longshoremen and harbor workers can injure or kill workers if the machines are not used safely or if the machines malfunction.
• Drowning: while longshoremen and harbor workers are not in the middle of the sea like some other maritime workers, they do work around water.  A worker who falls into the ocean is at risk of drowning especially if the worker has hit his head or become entangled in equipment prior to falling.

Longshoremen and harbor workers may recover damages for injuries sustained on the job pursuant to the Longshore and Harbor Workers Act.  That Act ensures that longshore and harbor workers receive proper medical treatment and compensation for their medical costs and disabilities and the Act is an significant safeguard for these important maritime workers.

Last month the 5^th Circuit Court of Appeals ruled that undocumented workers are entitled to workers’ compensation benefits under Federal statutes.  Specifically, the Court held in Bollinger Shipyards et al v. Director, Office of Workers Compensation Programs that an undocumented worker is an employee for purposes of the Longshore and Harbor Workers’ Compensation Act and thus entitled to the benefits of that Act if he or she gets hurt on the job.

This case is consistent with a 2005 California state ruling that found that undocumented workers are entitled to workers’ compensation benefits under state law.

The benefits provided under the Longshore and Harbor Worker’s Compensation Act can be significant.  Thus, if you, or a loved one, have been hurt while engaged in maritime employment then it is important to contact a Longshore and Harbor Workers’ Compensation Act lawyer for more information about rights to recovery – even if you are an undocumented worker.