The Longshore and Harbor Workers’ Compensation Act, also referred to as the Longshore Act, falls under the general umbrella of maritime law. While the Act generally applies to those who are injured on, or near, the water, we asked an expert to shed some light on this complex area of law.

Meet Tim Young

Tim Young, an attorney from New Orleans, Louisiana whose firm’s practice focuses on maritime injury cases, is such an expert. His firm litigates maritime cases that occur in the Gulf of Mexico involving oil rig workers, the Mississippi River involving tug boat workers and other bodies of water including the Atlantic and Pacific Oceans. We asked him to provide us with details on the Act. Here’s what he told us:

If an individual is injured on land working at McDonald’s or Wal-Mart, then a state workers’ compensation law applies and tells that person what they get because of their injury. The Longshore Act is a federal workers’ compensation statute enacted by Congress. It says how much a person working on a dock or a fixed platform will receive because of his or her injury.

Anyone who is injured on, or near, the water should speak with a specialized attorney who focuses on maritime claims. Maritime law often overlaps in the sense that an individual working on a dock that is injured may have certain rights against his employer and against third parties.

The same situation applies to Jones Act employees on oil rigs. They may have multiple claims – not only against their employer, but also against third parties. Unfortunately, maritime law is not very simple where someone can sit down and say, ‘Clearly these are my rights.’ That is sometimes a very good thing because it gives them many avenues to pursue. However, that’s why they need to meet with an attorney to discuss them.

Where do independent contractors fit in?

Independent contractors, those workers who are not considered employees, generally can’t file a claim under the Jones or Longshore Acts. Young explained, “The Jones and Longshore Acts apply only to employees of companies. If an individual is not employed, but they are injured over or on the water, then they are going to have a general maritime law claim.”

“If they are injured dock side or working on land, then they would have a land based claim. If a non-employee is injured on the water and the Jones Act does not apply, then that person would typically have a general maritime law claim for any damages caused by the defendant’s negligence.”

If you have been injured in an accident on or near the water, contact an attorney whose practice focuses on maritime issues. To contact an experienced maritime attorney, please click here.