How Evidence is Collected in Longshore Worker Injury Claims Against Shipowners

When longshore workers are injured on the job due to unsafe conditions aboard a vessel, proving the shipowner’s negligence is a critical step in securing compensation. Whether the injury stems from a breach of the turnover duty, active control duty, or duty to intervene, collecting strong evidence is essential to building a successful legal claim. Evidence helps establish what went wrong, who is responsible, and how the shipowner failed to fulfill their legal obligations. This article explains how evidence is collected in longshore worker injury claims and why each piece is vital for determining liability.

The Importance of Evidence in Longshore Worker Injury Claims

Longshore worker injury claims against shipowners often hinge on proving negligence. Under the Longshore and Harbor Workers’ Compensation Act (LHWCA), workers can receive benefits for medical care and lost wages, but in cases where a shipowner’s failure to meet their duties contributed to the injury, workers may also pursue a third-party negligence claim. To succeed, injured workers must demonstrate that the shipowner knew—or should have known—about a dangerous condition and failed to correct it or warn workers.

Collecting thorough and detailed evidence is key to proving:

• The condition of the vessel at the time of the injury.
• How the shipowner’s negligence (or failure to act) contributed to the accident.
• The nature and extent of the worker’s injuries.
  A well-documented case helps ensure that injured longshore workers receive the full compensation they deserve, including damages for medical costs, lost wages, and pain and suffering.

Key Types of Evidence Collected in Longshore Injury Cases

1. Photographic and Video Evidence:
   Photographs and videos of the hazardous conditions aboard the vessel are some of the most critical forms of evidence. Images of unsafe decks, broken ladders, malfunctioning equipment, or poorly secured cargo help demonstrate the specific dangers that caused the accident. In cases where surveillance cameras are present on the vessel, video footage can show exactly how the injury occurred and whether the shipowner or crew was actively involved in creating or failing to address the hazard.
2. Maintenance and Inspection Records:
   Shipowners are required to regularly inspect and maintain their vessels to ensure they are reasonably safe for longshore operations. Maintenance logs, inspection reports, and repair records can provide evidence of whether the shipowner fulfilled their turnover duty by addressing hazards before the vessel was turned over to longshore workers. Missing, incomplete, or outdated records may indicate a failure to perform necessary maintenance, which can support claims of negligence.
3. Witness Testimony:
   Statements from coworkers, stevedores, and other witnesses who were present during the incident can provide critical evidence about what happened and the conditions aboard the vessel. Witnesses can testify to unsafe practices, hazards that were ignored, or the shipowner’s failure to intervene when dangers became apparent. Crew members employed by the shipowner may also provide valuable insights about ongoing hazards or equipment malfunctions.
4. Expert Testimony:
   In complex maritime injury cases, expert testimony often plays a vital role. Experts in vessel safety, maritime operations, and engineering can evaluate the condition of the vessel, assess equipment failures, and determine whether the shipowner met their legal obligations. For example, an expert might testify that a crane was improperly maintained, leading to its malfunction, or that a deck surface did not meet standard non-slip safety requirements.
5. Medical Records:
   Detailed medical records are essential for proving the nature and extent of the worker’s injuries. These records help establish a direct link between the hazardous condition aboard the vessel and the harm suffered by the worker. Medical documentation can also demonstrate the long-term impact of the injury, including future treatment needs, rehabilitation costs, and any permanent disabilities that may affect the worker’s ability to return to the job.

Steps to Collect Evidence After a Longshore Injury

If you are injured while working aboard a vessel, taking immediate steps to collect evidence can strengthen your claim against the shipowner. Here’s what you should do:

1. Document the Scene: If possible, take photographs or videos of the hazardous condition that caused the accident. Focus on details such as spills, broken equipment, or structural issues.
2. Report the Incident: Notify your supervisor, the stevedore, and the shipowner immediately. Ensure that an official incident report is filed, and request a copy for your records.
3. Seek Medical Attention: Obtain medical treatment as soon as possible, even if your injuries seem minor. Keep copies of all medical records, treatment plans, and bills.
4. Identify Witnesses: Collect the names and contact information of coworkers, stevedores, or crew members who witnessed the accident or are familiar with the vessel’s condition.
5. Consult a Maritime Injury Attorney: A qualified maritime lawyer can help you investigate the incident, secure critical evidence, and build a strong case for compensation.

How an Attorney Helps Build a Strong Case

Maritime injury cases require extensive investigation to uncover evidence of negligence and identify responsible parties. An experienced maritime attorney will:

• Conduct thorough investigations of the vessel, including obtaining inspection reports, maintenance logs, and other records.
• Work with experts to analyze the vessel’s condition and determine if the shipowner failed to meet their duties.
• Interview witnesses to gather testimony supporting your claim.
• Compile medical records and other documentation to demonstrate the impact of your injuries.

By building a comprehensive case, a maritime attorney can help ensure that you receive the full compensation you are entitled to for your injuries and losses.

Contact a Maritime Injury Lawyer for Help

If you or a loved one has been injured while working aboard a vessel, collecting strong evidence is critical to holding shipowners accountable for their negligence. At Spagnoletti Law Firm, our experienced maritime attorneys understand the complexities of longshore worker injury claims and will work tirelessly to investigate your case, gather evidence, and fight for the compensation you deserve.

We are committed to protecting the rights of injured longshore workers and ensuring that shipowners are held responsible for unsafe conditions. 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.