Cargo Worker Falls Thirty Feet and Sues Under the Longshore Act

Cargo Worker Falls Thirty Feet and Sues Under the Longshore Act
Some jobs just have a higher risk of injury than others, which is why the government has safeguarded these people with laws like the Longshore and Harbor Workers Compensation Act. According to the Department of Labor, this act, in particular, deals with and provides employment injury and occupational disease protection to approximately 500,000 workers whose job results in injury or who contract diseases through their work occurring on the navigable waters of the United States, or in adjoining areas, as well as certain other classes of workers that are covered by extensions of this Act.

A claim was brought to court as recently as September 9th. A worker fell 30 feet from a ladder, and filed for compensation through the Longshore and Harbor Workers Compensation Act, as reported by the Louisiana Record, which is Louisiana’s legal journal. While working in the hull of a cargo ship, the plaintiff was climbing a ladder to exit, when the ladder allegedly snapped. The worker fell the 30 feet and landed on his head, sustaining massive injuries. His claims fall under the Longshore and Harbor Workers Compensation Act because the defendant is accused of failing to warn and failing to properly design, maintain, and inspect the equipment and vessel, which is a violation of the act.

Maritime claims brought to court under the Longshore Act generally refer to persons working offshore on oil platforms, boats, cargo ships and other seafaring vessels, or along docks, sea terminals and river ways. Section 27, which is better known as the Jones act, deals with cabotage (coastal shipping). The Jones Act requires that all goods that are transported by water between U.S. ports to be carried in U.S. flag ships, constructed in the United States, owned by American citizens and crewed by American citizens and permanent residents.

The current minimum wage replacement of the Longshore and Harbor Workers Compensation Act is 323.80 dollars, and the maximum replacement is $1,295.20 a week. If you’re a worker who falls under any of the categories, and have sustained injuries or disease through your career, then it is absolutely imperative that you contact a maritime or DBA attorney and speak to them about having your wages replaced through the Longshore and Harbor Workers Compensation Act. If you have any questions about the Longshore and Harbor Workers Compensation Act, feel free to ask in the comments!