Loading Dock Injuries
Injuries sustained on loading docks can be very serious, such as on loading and offloading cargo, injury caused by equipment on the dock or vessel, dangerous conditions on the dock or the vessel, and defects in the equipment of the vessel that might have contributed to your injuries. The vessel can be negligent even if the owner of the dock owns the vessel. Some of the most serious injuries can occur in the workplace. If you are injured, the first thing you need to do is report the incident to the person in the chain of command for your company. If you require immediate medical attention, that person should make sure that the incident report is completed. Next, you should determine if you are covered by workers’ compensation, and if so, you should report your injuries if they warrant you doing so.
If you are injured on a dock, your injuries are covered The Longshore and Harbor Workers' Compensation Act (“LHWCA”), which provides employment-injury and occupational-disease protection to workers who are injured or contract occupational diseases occurring on the navigable waters of the United States, or in adjoining areas, and for certain other classes of workers covered by extensions of this Act.
These benefits are paid directly by an authorized self-insured employer; or through an authorized insurance carrier; or, in particular circumstances, by a special fund administered directly by the Division of Longshore and Harbor Workers' Compensation, Office of Workers' Compensation Programs within the U.S. Department of Labor (DOL).
You can, however, sue any third party that may have caused your injury. You should determine if there is someone else, other than your employer or a co-employee that was at fault for the incident that caused your injuries. This “third party” may be your only chance of recovery in a personal injury that you suffered while on the job.
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The laws and exception are somewhat complex in Texas, and certainly more so in other states. If you believe you have suffered a personal injury, please contact us at (800) 428-1853 to see if we can assist you with your case. Your initial consultation is free, and we can assist you with any inquiry that you may have. We charge you nothing unless your case is won so feel free to call us 24 hours a day, 7 days a week and let us know how we can help you. You can also fill out a contact form found here on our website.
