Longshore workers play a critical role in maritime operations, handling cargo, loading and unloading ships, and ensuring that port activities run smoothly. However, the nature of their work often exposes them to significant risks, including falls, equipment accidents, and dangerous conditions on vessels. Shipowners have a legal duty to ensure the safety of longshore workers who work on or around their vessels. When these responsibilities are neglected, workers may suffer severe injuries or fatalities. Understanding these duties and legal protections is essential for injured workers seeking justice and compensation.
What Are the Duties of a Shipowner Toward Longshore Workers?
Under federal law, including the Longshore and Harbor Workers’ Compensation Act (LHWCA) and case law established by the Scindia Doctrine, shipowners have specific responsibilities to protect longshore workers from harm. These duties include ensuring that the ship and its equipment are reasonably safe for the workers tasked with loading, unloading, or servicing the vessel.
- Turnover Duty: Before turning the ship over to longshore workers, shipowners must inspect and ensure that the vessel, its equipment, and workspaces are in reasonably safe condition. This includes removing hazards that the shipowner knows about—or should know about—that are not obvious to the workers. For example, oil spills on a deck, faulty winches, or poorly maintained ladders must be addressed to prevent accidents.
- Active Control Duty: If the shipowner or its crew retains control over any part of the work or the vessel during cargo operations, they must exercise reasonable care to prevent injuries to longshore workers. For example, if shipowners maintain control over equipment like cranes or conveyor systems during unloading, they must ensure it is operated safely and maintained properly.
- Duty to Intervene: Even after the ship has been turned over to the longshore workers, shipowners have a duty to intervene if they become aware of hazards created by the stevedore or workers that pose a risk of serious injury. For instance, if a shipowner notices unsafe working practices or dangerous conditions that workers may not fully appreciate, they must step in to address the risk.
Common Hazards Faced by Longshore Workers
Longshore workers face numerous hazards while performing their duties aboard vessels. Poorly maintained decks, slippery surfaces, and faulty equipment are frequent causes of accidents, particularly falls. Unsecured cargo or improperly stacked materials may shift unexpectedly, leading to crushing injuries. Similarly, defective gangways, ladders, or hatches create dangerous conditions that increase the risk of falls and entrapment injuries.
Longshore workers may also be exposed to hazardous substances while working on ships. Leaking chemicals, poor ventilation, or improper handling of dangerous materials can result in respiratory illnesses, chemical burns, or long-term health complications. Shipowners must ensure that the vessel is free of hidden hazards and that workers are informed of any risks before beginning their work.
Legal Protections for Injured Longshore Workers
Longshore workers injured due to shipowner negligence are protected under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This federal law provides compensation for workers who suffer injuries while performing maritime-related duties, including those caused by unsafe vessel conditions. Benefits under the LHWCA include medical expenses, lost wages, rehabilitation costs, and disability compensation for workers unable to return to work.
If a shipowner’s negligence caused the injury, longshore workers may also have grounds for a third-party personal injury claim against the shipowner. Unlike workers’ compensation claims, these lawsuits allow injured workers to pursue additional damages, including pain and suffering. Proving negligence often requires evidence that the shipowner failed to meet their legal duties, such as turning over an unsafe vessel or failing to intervene in hazardous conditions.
How Shipowners Can Prevent Injuries to Longshore Workers
Shipowners can reduce the risk of injuries to longshore workers by prioritizing safety and adhering to their legal obligations. Regular maintenance of ship decks, equipment, and machinery is critical to ensure a safe work environment. Slip-resistant surfaces, secure ladders, and functioning gangways should be standard on every vessel. Hazardous areas, such as open hatches or cargo holds, should be clearly marked, and unnecessary hazards must be removed before cargo operations begin.
Communication between shipowners, stevedores, and workers is equally important. Longshore workers should be warned of any known risks aboard the vessel, including hazardous materials or faulty equipment. Shipowners must also monitor operations and intervene when dangerous practices or conditions arise, ensuring that the safety of workers is never compromised.
Contact a Maritime Injury Lawyer for Help
If you or a loved one has been injured while working aboard a vessel, you may have legal options to pursue compensation. Shipowners are legally obligated to maintain safe conditions for longshore workers, and when they fail to meet these responsibilities, they can be held accountable.
At Spagnoletti Law Firm, our experienced maritime injury attorneys are ready to help you understand your rights and fight for the compensation you deserve. Whether through a workers’ compensation claim or a third-party lawsuit, we will work to hold negligent shipowners responsible for the harm they caused. Contact us online or call 713-804-9306 for a free consultation today. Let us help you navigate the legal process and take the first steps toward recovery.