The Legal Rights of Injured Maritime Workers in Third Party Claims

When maritime workers are injured due to someone else’s negligence, it’s essential for them to understand their legal rights. Maritime law provides the opportunity to seek compensation not only from employers but also from third parties who may have contributed to the injury. The attorneys at Lewis Kullman Sterbcow & Abramson LLC (LKSA) are dedicated to helping injured workers navigate their rights, with a focus on third-party claims. By outlining common scenarios and the necessary steps to take, LKSA aims to equip workers with the knowledge needed to protect their rights and secure the compensation they deserve.

Understanding Third-Party Liability in Maritime Law

Like their land based counterparts, maritime employers have a legal duty to maintain a safe working environment for their employees. The Jones Act, Longshore and Harbor Workers’ Compensation Act (LHWCA), and other maritime laws give qualified maritime employees the right to seek compensation for injuries when their employers fail in this duty. But, what are an injured worker’s options when a third party, say the manufacturer of a defective piece of machinery, shares responsibility for the accident?

Here’s a fact many injured maritime workers aren’t aware of: there’s nothing in the Jones Act or other maritime laws that prevents a worker from seeking compensation from a third party who may have contributed to the injury. In fact, you can collect maintenance and cure benefits from your employer while filing a separate maritime injury claim against a third party who may be responsible for your injuries.

Understanding your legal rights as an injured maritime worker in third party maritime injury claims is essential to maximizing your settlement amount. Third-party claims can often result in higher compensation than what is available through workers’ compensation or employer-provided benefits alone, making it a crucial aspect of maritime injury claims.

Common Scenarios for Third-Party Maritime Injury Claims

So, what are some scenarios in which maritime workers may have valid third-party claims?

Among the most frequent scenarios are accidents that involve defective products or equipment failures. Maritime work often requires the use of specialized tools and machinery, and when these products fail, the consequences can be severe. Examples can include a defective power tool causing an electric shock or safety equipment that doesn’t function properly.

Another common scenario is third party accidents resulting from toxic substances and hazardous materials. Maritime workers are frequently exposed to dangerous chemicals, and prolonged exposure can lead to serious health issues, including respiratory problems, chemical burns, and even cancer. Third party contractors who fail to adequately package these materials or provide adequate safety measures may be liable for any resulting injuries.

A third common scenario involves negligent actions by contractors or other non-employer entities. For instance, if a contractor working on the same vessel or platform as the injured worker fails to adhere to safety protocols, leading to an accident, the injured worker may be able to pursue a claim against that contractor.

Legal Framework for Maritime Third-Party Claims

It’s essential for injured workers to understand the laws that protect their rights. General maritime law provides a basis for many third-party claims, particularly those involving negligence. However, the legal framework governing third-party claims in maritime law is complex.

This complexity is why experienced legal representation is so important. Different maritime laws apply in different circumstances. For example, if you work on the docks at a port facility you may b e protected under The Longshore and Harbor Workers’ Compensation Act (LHWCA).

The LHWCA addresses accident claims in Section 905(b) and Section 933. Section 905(b) allows injured maritime workers to file claims against vessel owners for negligence. Section 933 permits claims against other negligent parties, such as contractors or equipment manufacturers.

Proving a Third-Party Negligence Claim

In order to succeed in a third party maritime injury claim, the injured worker must be able to establish that:

• The third party owed the worker a duty of care. For example, a manufacturer has a duty to ensure that its products are safe for use.
• The third party was negligent in their duty of care, such as using substandard parts to construct a crane or other piece of machinery.
• They were injured as a result of the third party’s negligence.
• They suffered damages as a result of their injuries.

There are various ways these points can be addressed. Photos of the accident scene, medical records, expert testimony, and eyewitness accounts, are examples of evidence that can be used to demonstrate third-party liability in maritime law. A maritime injury attorney’s help can be invaluable in gathering this crucial evidence.

Compensation Available in Third-Party Claims

The compensation available in third-party maritime injury claims can be substantial. Depending on the circumstances, an injured worker can seek compensation for damages such as current and ongoing medical expenses, lost wages and loss of employment, pain, and suffering.

Given the potential for significant compensation, it is crucial for injured maritime workers to explore their legal options and consider pursuing third-party claims in addition to a Jones Act or LHWCA claim.

LKSA Fights to Protect the Legal Rights of Injured Maritime Workers

It can be difficult to navigate the complex legal challenges surrounding third-party liability in maritime law without someone with expertise to guide you. LKSA has been protecting the legal rights of injured maritime workers for almost 40 years. We’re considered by many to be one of the top maritime injury law firms.

LKSA’s team of personal injury attorneys is dedicated to protecting the legal rights of injured maritime workers. We’re headquartered in New Orleans, but represent clients across the USA. Call is at (504) 588-1500 to schedule a free, initial consultation to discuss your case with an experienced New Orleans maritime injury attorney.