Crushing injuries are some of the most devastating and life-altering accidents that longshore workers can experience while working aboard vessels. These injuries often occur when heavy cargo, equipment, or machinery strikes, traps, or pins workers, leading to severe trauma or fatalities. Shipowners have clear legal responsibilities to ensure their vessels are safe for longshore workers under maritime law. When they fail to meet these obligations—whether by neglecting maintenance, allowing unsafe conditions, or retaining control of dangerous operations—serious accidents can occur. This article explores the causes of crushing injuries, their long-term impact, and the legal options available to injured workers.
Common Causes of Crushing Injuries in Maritime Operations
Crushing injuries frequently occur due to unsafe vessel conditions or improper cargo-handling practices. Some of the most common causes include:
- Falling Cargo: Poorly secured cargo can shift or fall unexpectedly, striking or pinning workers. Heavy shipping containers, pallets, or steel beams pose a significant risk when not properly stowed.
- Defective or Malfunctioning Equipment: Cranes, winches, forklifts, and conveyors used during cargo operations can malfunction if they are not properly maintained, leading to catastrophic accidents. For example, a crane dropping a load due to mechanical failure can crush workers in its path.
- Unsecured Machinery: Heavy machinery or equipment left unsecured on decks can slide or tip over, especially if the vessel is not stable. Workers in the vicinity may be caught underneath or between objects.
- Unsafe Work Practices: Shipowners who retain active control over certain operations—such as crane usage or loading practices—are responsible for ensuring the work is conducted safely. Poor coordination, improper operation, or lack of oversight can lead to workers being crushed.
- Collapsed Structures: Faulty or corroded gangways, ladders, or hatch covers can collapse under the weight of workers or cargo, trapping or pinning individuals in confined spaces.
Each of these hazards is preventable when shipowners fulfill their legal duties to inspect, maintain, and ensure safe conditions aboard their vessels. Failure to address these risks can lead to life-changing injuries or loss of life for longshore workers.
The Impact of Crushing Injuries on Longshore Workers
Crushing injuries are particularly severe because of the immense forces involved in maritime accidents. Unlike minor accidents that may result in temporary injuries, crushing incidents often lead to catastrophic harm, including:
- Broken or Shattered Bones: The impact of heavy objects can fracture bones, sometimes requiring extensive surgery, pins, or implants to repair. In severe cases, the damage may result in amputations.
- Internal Organ Damage: Being crushed can cause life-threatening damage to internal organs, including bleeding, ruptures, or failure of critical systems such as the lungs, heart, or kidneys.
- Spinal Cord and Nerve Damage: If the spine or major nerves are impacted, workers may suffer partial or full paralysis, impairing mobility and leading to lifelong disabilities.
- Head and Brain Injuries: Crushing incidents can cause traumatic brain injuries (TBIs) when workers are struck on the head or trapped under falling cargo. These injuries can impair memory, cognition, and motor function.
- Psychological Trauma: The physical pain of crushing injuries is often accompanied by significant emotional and psychological trauma. Many workers suffer from post-traumatic stress disorder (PTSD), depression, or anxiety after a catastrophic accident.
These injuries often require prolonged hospitalization, extensive rehabilitation, and ongoing medical care. Workers may be unable to return to work, creating long-term financial challenges for them and their families.
Shipowner Responsibilities to Prevent Crushing Injuries
Shipowners are legally obligated to provide a reasonably safe working environment for longshore workers. This includes fulfilling key duties under maritime law, such as:
- Turnover Duty: Before work begins, the shipowner must inspect the vessel for hazardous conditions and either eliminate them or provide clear warnings to workers and stevedores. For example, cargo that is unstable or improperly stowed must be addressed before operations begin.
- Active Control Duty: If the shipowner retains control over cargo operations, such as crane usage or equipment operation, they must ensure that the work is conducted safely. Proper maintenance and oversight are critical to preventing accidents.
- Duty to Intervene: If the shipowner observes dangerous practices or hazardous conditions that could cause crushing injuries—and the stevedore fails to correct them—they must step in to mitigate the risk.
By properly maintaining equipment, securing cargo, and providing adequate warnings about risks, shipowners can reduce the likelihood of crushing injuries and create a safer environment for longshore workers.
Legal Options for Longshore Workers Injured in Crushing Incidents
Longshore workers injured due to shipowner negligence are protected under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The LHWCA provides critical benefits, including:
- Medical Expenses: Coverage for doctor visits, surgeries, physical therapy, and ongoing care.
- Lost Wages: Compensation for income lost during recovery and rehabilitation.
- Disability Benefits: Workers who suffer permanent partial or total disabilities can receive compensation based on the severity of their condition.
In addition to LHWCA benefits, injured workers may also pursue a third-party negligence claim against the shipowner if their failure to meet legal duties caused the accident. Unlike LHWCA claims, third-party lawsuits allow workers to seek additional compensation for pain and suffering, emotional distress, and loss of quality of life. Proving negligence requires demonstrating that the shipowner failed to fulfill their turnover duty, active control duty, or duty to intervene.
Contact a Maritime Injury Lawyer for Help
If you or a loved one has suffered a crushing injury while working aboard a vessel, you may be entitled to compensation. Shipowners have a legal responsibility to maintain safe conditions and protect longshore workers from harm. When they fail to meet these obligations, they must be held accountable.
At Spagnoletti Law Firm, our experienced maritime injury attorneys understand the devastating impact of crushing injuries on workers and their families. We will investigate the cause of your accident, identify all responsible parties, and fight to secure the compensation you deserve. Contact us online or call 713-804-9306 for a free consultation today. Let us help you take the first steps toward recovery and justice.