I was hurt on the docks or the Houston Ship Channel. Does the Longshore Act cover me?

A federal comp system for maritime workers

The Port of Houston and the Ship Channel are lined with terminals, docks, shipyards and fleeting areas, and the people who work them are often covered by a federal law rather than Texas workers' comp: the Longshore and Harbor Workers' Compensation Act (LHWCA). It covers workers in maritime employment, such as longshore workers, ship repairers, shipbuilders, and harbor workers, who are injured on navigable waters or adjoining areas such as piers, wharves, terminals and dry docks.

What the Longshore Act pays

Like workers' comp, it pays regardless of fault: medical care, with your choice of doctor, and wage benefits while you can't work. Its wage benefits are generally more generous than Texas workers' comp. In exchange, you generally cannot sue your own employer.

Suing the vessel

The Longshore Act keeps an important right: if a vessel's negligence caused your injury, you can sue the vessel owner. Courts have recognized that a vessel owner can be responsible for turning over a ship with hazards that weren't obvious, for dangers in areas it still controls, and in some cases for failing to step in when it knew of a danger. Claims against other companies on the terminal, such as another stevedore, a crane company or an equipment manufacturer, are also not limited by your Longshore benefits.

Am I covered by the Longshore Act or Texas workers' comp?

It depends on what you do and where. The Longshore Act looks at both the work, which must be maritime employment, and the place, which must be navigable water or an adjoining area used for loading, unloading, repairing or building vessels. Some jobs are excluded, such as many clerical and security positions, and some workers can be covered by both systems. If you work on a vessel as a crew member, you may be a Jones Act seaman instead. Am I a seaman?

Deadlines that are easy to miss

• Notice: give your employer written notice within 30 days of the injury, or of when you knew it was related to work.
• Claim: file a claim with the U.S. Department of Labor generally within one year of the injury or of the last payment of benefits.
• Lawsuits against a vessel generally must be filed within three years.

The evidence we go after

• Terminal and vessel incident reports, and the vessel's logs.
• Who controlled the area where you were hurt: the vessel, the stevedore or the terminal.
• Crane, forklift and equipment records, and terminal camera footage.
• Witnesses from the gang and the ship's crew.

How these cases unfold

After an injury at sea or on the water, the company usually starts its investigation immediately, often with an accident report, crew statements and a visit from its adjuster. The U.S. Coast Guard may investigate serious marine casualties. In the first weeks, our job is to make sure maintenance and cure is being paid, demand that logs, video and equipment be preserved, and get you to doctors you trust. Then come the experts, such as marine safety experts, doctors and economists, followed by negotiations or a lawsuit. Many maritime cases resolve in one to three years.

What to do now

Report the injury in writing to your employer, get medical care with a doctor you choose, and write down the name of the vessel and the terminal. Many of our clients live in Pasadena, Galena Park, Channelview and the East End, right along the Ship Channel. Jimmy Suerken is a Mexican-American attorney who speaks Spanish, and you can talk with him directly. Maritime cases have their own rules, and when a case calls for it, he brings in experienced maritime co-counsel and the right experts.

More answers about offshore and maritime injuries

Other ways people ask this

I work at a terminal on the Ship Channel. Am I covered by the Longshore Act or Texas workers' comp?

It depends on your job and where you were hurt. Longshore and ship repair work on the docks is usually covered by the Longshore Act; some jobs are excluded, and some workers are covered by both.

Can I choose my own doctor under the Longshore Act?

Yes. The Longshore Act gives injured workers the right to choose their treating physician.

Can I sue the ship?

If the vessel's negligence caused your injury, yes. That claim is separate from your Longshore benefits.

What are the deadlines?

Give your employer written notice within 30 days and file a claim with the Department of Labor generally within one year. Lawsuits against a vessel generally must be filed within three years.

How much is a Longshore case worth?

Benefits follow formulas based on your wages and injury. A claim against a vessel or another company depends on the injuries, future care and the evidence. We give you an honest assessment and never promise a result.

I'm a truck driver hurt at a port terminal. Am I covered by the Longshore Act?

Usually not. Truck drivers who only pick up or deliver cargo are generally not in maritime employment. You may have a claim against the terminal or other companies under Texas law.

My employer says I'm covered by Texas workers' comp, not the Longshore Act. Who decides?

Coverage depends on your job and where you were hurt, not on the employer's label. Some workers are covered by both. We look at the facts and pursue the benefits you're entitled to.

Authority: 33 U.S.C. § 905 (LHWCA) · 33 U.S.C. § 912 (notice) · 33 U.S.C. § 913 (claims) · 46 U.S.C. § 30106 (3-year deadline)