Falling overboard is one of the most dangerous accidents that longshore workers can face while working on or around vessels. Whether working on a ship’s deck, gangways, or cargo holds, workers are exposed to the constant risk of falling into the water, particularly when proper safety measures are not in place. These incidents can result in life-threatening injuries, hypothermia, or drowning. Shipowners have a legal responsibility to maintain safe conditions aboard their vessels to prevent falls overboard. When they fail to meet these obligations, longshore workers are placed in significant danger. This article explores the causes of falls overboard, the injuries they can cause, and the legal options available to workers and their families.
Causes of Falls Overboard in Maritime Work
Falls overboard can occur for a variety of reasons, many of which are preventable when shipowners take the necessary precautions. Common causes of these accidents include:
- Lack of Safety Railings: Deck areas, gangways, and elevated platforms must be equipped with secure safety railings or barriers. Missing, damaged, or improperly maintained railings create a significant fall risk.
- Slippery Surfaces: Decks covered in oil, grease, water, or ice can become extremely slick, causing workers to lose their balance and fall overboard. Shipowners must address these hazards or provide proper warnings.
- Unstable Walkways and Gangways: Gangways must be secure, stable, and equipped with handrails. A poorly maintained gangway can shift, collapse, or tip, causing workers to fall into the water.
- Improper Lighting: Poor lighting on decks or in work areas can prevent workers from seeing hazards near vessel edges, increasing the risk of falls.
- Unsecured Tools and Equipment: Loose tools, ropes, and cables can create tripping hazards, particularly in busy work environments where workers are navigating confined spaces near open water.
When shipowners fail to address these risks or provide clear warnings about known hazards, falls overboard can occur, putting workers’ safety at risk.
Injuries Resulting from Falls Overboard
Falling into open water presents immediate and severe dangers for longshore workers, particularly when rapid rescue efforts are not available. Common injuries associated with falls overboard include:
- Hypothermia: Exposure to cold water can cause the body’s temperature to drop rapidly, leading to hypothermia. In severe cases, this can result in unconsciousness or death.
- Drowning: Falling overboard, especially in rough waters or when a worker is not wearing a life vest, can result in drowning if rescue efforts are delayed.
- Head and Neck Injuries: Workers may strike the vessel, equipment, or water surface upon falling, leading to concussions, traumatic brain injuries (TBIs), or neck trauma.
- Broken Bones and Lacerations: Impact with objects in the water, such as floating debris or submerged structures, can cause fractures, cuts, and bruises.
- Emotional Trauma: Surviving a fall overboard can cause significant emotional distress, including post-traumatic stress disorder (PTSD) and anxiety about returning to work.
For families of workers who lose their lives in falls overboard, the consequences are devastating, leaving them to cope with emotional grief and financial hardship caused by the preventable accident.
Shipowner Responsibilities to Prevent Falls Overboard
Shipowners are legally required to ensure that their vessels are safe for longshore workers, including implementing safeguards to prevent falls overboard. These responsibilities fall under the turnover duty, active control duty, and duty to intervene under maritime law. Specifically, shipowners must:
- Install and Maintain Safety Railings: Vessel edges, decks, and walkways must be equipped with sturdy safety railings or barriers to prevent falls.
- Maintain Slip-Resistant Surfaces: Decks and work areas should be free of oil, water, ice, or other slippery substances. Anti-slip coatings or mats must be provided where needed.
- Ensure Proper Gangway Safety: Gangways must be inspected for stability, properly secured, and equipped with handrails to ensure safe passage.
- Provide Adequate Lighting: Proper lighting in all work areas ensures workers can identify and avoid hazards near open water.
- Implement Safety Gear and Training: Workers should have access to personal protective equipment (PPE), such as life vests, harnesses, and fall-prevention gear, and shipowners must ensure these items are in working condition.
Failure to implement these safety measures creates unnecessary risks for workers. If shipowners neglect their responsibilities, they can be held liable for injuries or deaths caused by falls overboard.
Legal Options for Longshore Workers Injured in Falls Overboard
Longshore workers injured in falls overboard are entitled to compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The LHWCA provides essential benefits to injured workers and their families, including:
- Medical Expenses: Full coverage for treatments, surgeries, rehabilitation, and any ongoing care related to the injuries.
- Lost Wages: Compensation for income lost during recovery periods, ensuring workers are supported financially while they heal.
- Disability Benefits: Workers who suffer long-term or permanent disabilities due to a fall overboard may receive ongoing compensation based on the severity of their condition.
- Death Benefits: In the event of a fatal accident, surviving family members may receive benefits to help cover funeral expenses and replace lost income.
Additionally, injured workers—or families of deceased workers—may pursue a third-party negligence claim against the shipowner if their failure to provide a safe working environment caused or contributed to the accident. A third-party claim allows workers to seek compensation for:
- Pain and suffering
- Emotional distress
- Loss of future earning capacity
An experienced maritime injury attorney can investigate the circumstances of the accident, gather evidence of negligence, and pursue compensation to help injured workers and their families recover.
Contact a Maritime Injury Lawyer for Help
If you or a loved one has been injured in a fall overboard while working aboard a vessel, you may be entitled to compensation. Falls overboard are preventable when shipowners fulfill their legal duties to provide safe working conditions. When they fail to meet these obligations, injured workers have the right to hold them accountable.
At Spagnoletti Law Firm, our experienced maritime injury attorneys understand the risks longshore workers face and the devastating consequences of falls overboard. We are committed to fighting for the compensation you deserve, whether through LHWCA benefits or a third-party negligence claim. Contact us online or call 713-804-9306 for a free consultation today. Let us help you take the first step toward recovery and justice.