§139 Longshore and Harbor Compensation ActUnder the following act you are permitted to receive compensation for any injury while performing your duties or during the course of your employment. However, injuries not related to the course of your employment, are not compensable or recoverable. Diseases or infections born out of injuries related to your employment are also considered compensable under §139 Longshore Harbor Compensation Act. However, not every injury or accident is related to your employment. In certain cases there is a 3rd party who is responsible for your injuries. That third party can be the manufacturer of cranes, cables or other products which hoist or harness large containers. Forklift manufacturers and other heavy equipment manufacturers are also responsible if there product is the cause of the injury.
3rd Party Liability for Longshoreman AccidentsWhen a 3rd party is responsible for the accident or injury i.e. pulley manufacturer you are permitted to pursue an independent or separate claim for damages. In such cases you are allowed to file a lawsuit against the negligent 3rd party for your injuries. This third party claim is separate from any workers compensation claim. It is important to consider this option because workers compensation claims alone do not account for pain and suffering. Pain and suffering damages allow for recovery for the emotional and psychological pain suffered after an accident. In order to determine whether a third party is actually liable we need to investigate all facts related to your claim. Many times there are facts which are critical to your case and our team of investigators will be able to identify the cause of injury. If it is determined that a 3rd party was responsible for the injuries, then we can pursue a claim against that party for your injuries. Often times it is not clear who was responsible for the injuries you have sustained. That is why a complete investigation must be conducted in order to identify the cause of injury. Costs for Retaining an Attorney: What does it cost to get an attorney for my longshoreman injury? Our longshoreman injury attorneys at Downtown L.A. Law work on a contingency fee basis. This mean you pay us absolutely nothing unless we are able to successfully recover for your injuries. There is absolutely NO COST if we are not successful. The full terms of the agreement will be forwarded to you for review.
Common Longshoreman AccidentsBeing a longshoreman is a high risk profession. Common accidents can include the following:
- Injury or death from contact with a container
- Slip and fall injuries
- Injury to the brain
- Dental damage
- Ocular injuries
- Facial lacerations
- Spine injuries including fracture
- Nerve to bone contact
- Mild brain injury
- Broken femur
- Broke tibia
- Fractured ankle
- Nerve damage
Tips After Your Accident
- As a general rule, never make any statements to any insurance company after until you have spoken with an attorney. Your attorney will be able to properly advise you on what your rights are and which option serves you best.
- Always document the incident via police report or incident report. This will provide proof/evidence of your injury which will substantially improve or increase your chance for recovery.
- Record names of all parties or witnesses if you are able. This will again be important when or if facts are in dispute.
- Seek medical attention. If you have suffered a sudden impact from a crane or container truck or empty container, seek medical attention. You are never qualified to self diagnose yourself.
- Speak with an longshoreman attorney in Los Angeles at Downtown L.A. Law. One of our attorneys will immediately help evaluate your case and guide you through the process.