The Longshore Act 905(b) Claim: Vessel Negligence

The Longshoreman and Harbor Workers Compensation Act provides benefits for maritime workers injured on the job – including much-needed compensation for medical care and lost wages. The Longshore Act protects you.

In cases where severe injuries keep you from returning to work, maritime injury victims may be eligible to file a 905b claim in addition to a Workers’ Compensation claim (also known as workers’ comp or workman’s comp). This third-party negligence claim is often filed against the vessel owners, employers or equipment manufacturers responsible for causing the accident.  

If faulty equipment or your employer’s negligence resulted in an injury, our longshoreman Workers’ Compensation attorneys are here to help. Trust Hoffman Law Firm to determine if a 905b claim is the best legal path to pursue – and to help you file a negligence claim if your injury is indeed fault-based.

Injured workers are covered under the Longshoreman Workers Compensation Act – and eligible to file a 905b claim – if they can prove the following four elements of negligence:

  • Duty: Must prove that the shipowner/employer/manufacturer had a legal duty to protect you from harm.
  • Breach: Must prove a breach of duty (owner failed to uphold their duty)
  • Injury: Must prove that you sustained a maritime injury.
  • Causation: Must prove that the liable party’s negligence caused your injury.

How to Prove Liability

Shipowners’ liability can be very difficult to prove.

That is why it is crucial to enlist the help of a trusted Charleston maritime worker injury lawyer. Hoffman Law Firm has handled personal injury cases involving similar circumstances right here in South Carolina. Our Charleston law firm of South Carolina attorneys have expertise in SC law to prove your longshore claim.

To prove liability under a 905b claim, there are only three scenarios in which a shipowner can be held liable for a worker’s injuries. These scenarios include:

  • Turnover duty: This refers to the ship’s condition when it is turned over to the employer by the owner.
  • Active-control duty: This means that the shipowner must exercise reasonable care to prevent injuries that are still under the vessel’s control.
  • Duty to intervene: This holds the owner responsible for intervening and correcting any dangerous situations that the employer does not or cannot fix.

Given the complicated, time-sensitive nature of these cases, it is best to seek legal assistance as quickly as possible.

What Compensation Is Covered Under a 905(b) Claim?

A 905b claim includes a variety of damages, depending on the maritime injury. Injured longshore and harbor workers may be eligible for the following:

  • Medical expenses (past, present and ongoing) 
  • Rehabilitation expenses
  • Lost earning capacity
  • Pain and suffering
  • Disfigurement
  • Loss of companionship
  • Funeral costs (For those who lost a loved one in a maritime accident)

Call Your Charleston Longshoreman Injury Attorney Today! 

If you or a loved one have suffered an on-the-job injury in United States’ navigable waters, contact our South Carolina attorneys at Hoffman Law Firm today! Our team of personal injury attorneys in Charleston are standing by to help you get the compensation you deserve and protect your rights within Longshore Act. 

Pursuing a 905b claim starts with a free consultation, so schedule yours at our Charleston law firm today!

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