How To Get Compensated If Injured In A Harbor
As we all know maritime accidents are not uncommon: vessels can capsize
, crush, collisions can occur between two vessels or a vessel and the land, fires and explosions can take place aboard any vessel, passengers and crew members can get injured because of falls on slippery floors or find themselves in danger of drowning as a result of overboard incidents. Maritime employees are especially exposed to these risks as they spend a considerably longer time on navigable waters. Besides the possibility of severe injuries and permanent disabilities like brain or spinal cord damages, lost limbs or disfiguration due to burns, these individuals also face the risk of not receiving proper medical care in time because of the large distances to the nearest hospital. That is why if they do suffer severe injuries, there are specials laws and regulations that offer them financial compensation. Injured maritime employees can be compensated based on the Jones Act, a set of federal laws that offer to this group of employees a more consistent financial aid than Workers Compensation. But how about longshoremen and harbor workers?The Jones Act only applies to individuals who can legally be considered seamen. That means that they have to spend at least a third of their time on seas or navigable inland waters. So harbor workers are not included in this category even if they too work in the maritime industry. But working on harbors, as marine construction workers, dock workers or marine terminal operators can be just as challenging. Constantly handling heavy equipment and working around the clock to meet terminals exposes these employees to a variety of risks including back or head injuries, knee or shoulder injuries and carpal tunnel syndrome.
The simple presence in a harbor can be dangerous as a recently occurred incident shows. On the 5th of July 2012 a 65 foot ferry boat hit a private yacht in its attempt to dock in one of the Bostons harbors. The ferry was fortunately not on service, so there were no passengers aboard. The yacht was also docked with no one aboard. The captain of the ferry sustained no injuries but a women standing on the dock fell because of the impact and suffered minor injuries. Both vessels were seriously damaged but they are not taking water and there was no fuel leakage. The causes of the incident are so far not determined, but considering that the captain was not under the influence of drugs or alcohol, the ferry operating company suspect hydraulic malfunction.
Whatever the results of the inquiry will be, the fact is that harbor workers as just as well exposed to severe risks like maritime employees, but they do not benefit from the Jones Act. As a result they cannot sue their employers for negligence resulting in serious injuries. However they do benefit from special workers compensation. The Longshoreman and Harbor Workers Act passed in 1927 offers medical compensation, disability compensation, and rehabilitation services for injured employees who do not have to prove that their employer was negligent in any way. The federal law applies to the following group of individuals: longshoremen, shipbuilders, terminal workers, vessel maintenance workers, crane operators, shipyard workers, stevedores, marine construction workers and workers an offshore oil and gas platforms.
The Act offers substantial benefits to harbor workers who suffered severe injuries during work or who contacted diseases or worsened existing ones due to working conditions. However in order to benefit from that affected individuals will most likely need the support of a maritime lawyer, familiar with the federal law. These cases are administrated by the U.S. Department of Labors Office of Workers Compensation Programs but claims have to be filed within one year from the injury. Considering the complexity of the federal system specialized legal assistance will be needed, especially because most lawyers do not require any fees before the case is actually won.
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