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Justice for Longshoremen

Arnold & Itkin's Attorneys Protect the Rights of Longshoremen

Houston Longshoreman Injury Attorneys

Standing Up for Longshoremen Nationwide. Offices in Texas & Louisiana.

In addition to loading and unloading cargo, a longshoreman must be able to complete a variety of tasks that range in difficulty. These tasks include operating equipment, transferring loaded trailers, rigging cargo, and more. The terminal areas in which longshoremen work have many safety regulations that govern the high traffic areas and heavy-weight equipment. Even with these regulations, the possibility of a serious accident is high.

When a longshoreman is seriously injured, it's crucial for an attorney to be involved early enough to investigate. With professional legal help, you may be able to prove that your accident qualifies for compensation under maritime law.

Longshoremen's Rights Under Maritime Law

Most of the machinery used in a marine terminal requires a fair amount of skill and experience to operate safely and effectively. Due to the high potential for injury, the National Maritime Safety Administration was formed to protect the rights of those working in the marine cargo handling industry in the United States. This administration works in conjunction with the Occupational Safety and Health Administration to provide longshoremen and others in the marine cargo handling industry with information, counsel, access to health, and safety training resources.

The U.S. Department of Labor also created the Longshore and Harbor Workers' Compensation Act (LHWCA) to provide employment-injury and occupational-disease protection to those who work as longshoremen on the navigable waters of the United States. This act provides for compensation and medical care, and may also provide benefits to the survivors if a longshoreman's injury results in death. To find out if you or your loved one will qualify for coverage under the LHWCA or other maritime law, consult our firm.

Receiving Disability for Breathing Problems Developed in a Shipyard

Under the Longshore and Harbor Workers' Compensation Act, you may be entitled to benefits for a work-related injury or disease, including asbestos-related lung diseases such as mesothelioma. Your employer's duty to provide disability compensation arises out of the employment relationship itself, so there is no need to show that the employer was at fault for exposing you to whatever caused your disability. Just because you did not work on a commercial vessel enough to be classified as a seaman, there are provisions other than under the Jones Act.

If it can be proved that your illness was developed as a direct result of your service to your employer and can be linked to the workplace, you may be entitled to benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA).

Shipyards are known for carrying hazardous chemicals that, if ingested over long periods of time, can cause breathing deficiencies that require medical treatment. The severity of your breathing problem will depend on the amount of hazardous chemicals and substances in your shipyard as well as the amount of time you spent with them. As a shipyard worker, you are entitled to benefits under maritime law even though your work was not directly on a vessel. If you have developed a breathing problem, it would be best to contact your doctor immediately to ascertain the extent of your illness so that adequate treatment can be applied. Your illness may be mild, but it could also be severe.

Your employer is obligated to pay your medical bills if your illness can be connected to your work at your shipyard workplace. Ask your employer if you are unsure whether you can be covered.

Longshoremen's Rights FAQ

Do I have rights even though working as a longshoreman is a dangerous job?

Working as a longshoreman can be dangerous if equipment malfunctions, safety regulations are overlooked, or if any person involved in the work is inexperienced or careless. This is strategic and physical work that involves high-traffic areas and heavy machinery. Even though working as a longshoreman may have inherent risks, you still have rights. These rights are even more important because of the nature of your work.

As a longshoreman:

  • You have the right to benefits for medical care and lost earnings without having to prove negligence or fault.
  • You have the right to report a work injury and seek benefits without facing punishment from your employer.
  • You have the right to file a lawsuit if a third party was responsible for your longshore accident, to seek additional damages for pain and suffering, loss of enjoyment of life, and more.

Make sure your rights are protected to the fullest.

What are some of the types of longshore injuries?

Longshoremen are at risk of catastrophic injury when equipment malfunctions or their employers are negligent. This may include brain and spinal cord injuries, loss of limb, broken bones, internal organ damage, severe burns, crush injuries, and near-drowning. Some of these injuries leave lasting physical and emotional scars. Some claim longshoremen’s lives. At Arnold & Itkin, we’re passionate about setting things right for injured longshoremen and their families. We assert our clients’ rights to the fullest extent of the law.

Do I have the right to compensation if I was injured as a longshoreman?

If you were injured while working as a longshoreman, you may be entitled to compensation in various ways. You may be able to file a claim under the Longshore and Harbor Workers’ Compensation Act, which provides benefits regardless of who was at fault in the accident. Maritime and personal injury laws may also apply to your case, which would help you pursue financial compensation for economic and non-economic damages for longshore injuries caused by negligence, intentional misconduct, or defective products/equipment. The right approach will maximize your recovery and help you begin to rebuild your life.

Texas Longshoreman Injury Attorney for LHWCA Claims

The experienced lawyers at Arnold & Itkin LLP will take the necessary steps to protect your legal rights, beginning with a free consultation. After we thoroughly understand the circumstances that led to your injury, we will use our experience with LHWCA claims and other maritime laws to help you recover compensation for your injuries. We understand the physical and emotional trauma that is associated with offshore injuries, and we are committed to helping you recover to the fullest extent. The LHWCA does not require that a worker's employer be found at fault for the worker's injury. We have helped countless injured longshoremen recover medical and disability payments, wrongful death benefits for survivors of maritime workers, vocational rehabilitation compensation, and more.

We genuinely care about our clients' futures, and we dedicate personalized attention to every case. Contact our firm as soon as possible, so you can file your claim before it's too late. Under the LHWCA, you have just 30 days after your injury or illness occurred to notify your employer.

Get the information and guidance you need from attorneys with proven results in the complex field of offshore accidents. Call Arnold & Itkin at (888) 493-1629 for your free, private consultation.

Case Results

Check Out Our Victories

  • $29 Million The Largest Known Settlement for a Wrongful Death Offshore Kurt Arnold, Jason Itkin, and Cory Itkin successfully secured a record settlement for a single family who tragically lost a loved one. It is the largest known settlement for a death that occurred offshore. While a settlement is not an admittance of ...
  • $14 Million Jones Act Settlement Reached Two Days Before Trial Arnold & Itkin represented a seaman after he suffered a head injury on the Hercules 15 inland barge. Hercules employees tack welded a three foot pipe to the derrick and then forgot to remove it before starting drilling operations. The pipe was jarred ...
  • $11.5 Million Settlement Won for Injured Victim of Offshore Accident Arnold & Itkin obtained a settlement of $11.5 million on behalf of an offshore accident victim suffering from both physical and psychological injuries. His settlement will ensure that our client gets all the time, financial support, and stability he ...
  • $8.9 Million Settlement Achieved for Severely Injured Seaman Arnold & Itkin helped secure a settlement on behalf of a seaman who injured his head when working aboard an offshore drilling vessel. Our firm helped to recover $8.9 million on his behalf.
  • $8 Million Massive Settlement Reached Before Trial Began Our firm represented an offshore worker (a steward) who seriously injured his back in an accident. The injury prevented him from making a living. While other lawyers told him his case was only worth a few hundred thousand dollars, our attorneys knew ...
  • $7.2 Million Millions Won for Brain-Injured Client in Louisiana Arnold & Itkin recovered more than $7 million in a settlement for a severely injured Louisiana client. Our client suffered brain injury and memory issues while working on an offshore platform. The defendant settled his case during jury selection, and ...
  • $7.1 Million Concussed Worker Received a Massive Settlement after Accident Arnold & Itkin represented an offshore worker with a concussion and a herniated disk from an accident on the job. These injuries inhibited our client’s ability to make a living, requiring him to pursue a claim. His employers eventually resolved the ...
  • $6.9 Million Settlement Obtained for Family of Deceased Offshore Worker Arnold & Itkin negotiated a multi-million dollar settlement for the family of a man who died offshore. Though the defendant attempted to get away with an extremely low offer, our team obtained a settlement that was many times larger.
  • $6.6 Million Settlement Obtained for Wife & Family of Deceased Offshore Worker Arnold & Itkin helped a woman and her family get justice after her husband was killed in an incident offshore. Despite undue pressure from the defendant, our firm made sure our clients were taken care of for the rest of their lives.
  • $6.5 Million Settlement Secured for Injured Crew Member on Barge Arnold & Itkin obtained a seven-figure settlement for an offshore worker who was injured off the coast of Florida while working in needlessly dangerous conditions. His settlement will help him move forward after irreparable damage was done to his ...
See All Results
“I told him, ‘Kurt you’re my hero. You’re my knight in shining armor.’”
Mildred El Faro Widow

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