Handling Third-Party Claims Under LHWCA
Harbor operations and marine construction activity depend on heavy machinery and highly skilled labor. However, a defective piece of equipment or negligence by a contractor or another party can cause a serious or fatal injury.
If you are covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA) and you have been injured by the negligence of a third party, you should speak with an experienced maritime law attorney as soon as possible.
Do You Have A Third-Party Claim?
People who are covered under the Longshore and Harbor Workers’ Compensation Act are entitled to obtain compensation for medical costs, rehabilitation services and disability benefits for time off work. If an injury is caused by the negligence of a third party, or when the accident happened on a vessel, you may be able to seek additional compensation in a 905(b) claim.
Compensation obtained from the third-party side of your case can exceed the benefits you obtain under LHWCA by a significant amount.
Spagnoletti Law Firm is a law firm that aggressively represents longshoremen and other workers covered by LHWCA. In every case, we seek compensation for our clients from all sources.
Establishing Third-Party Negligence In An LHWCA Case
When you retain Spagnoletti Law Firm to represent you in a Longshore and Harbor Workers’ Compensation Act (LHWCA) case involving third-party negligence, we take immediate steps to conduct a comprehensive investigation of the accident. Unlike standard workers’ compensation claims, LHWCA cases allow you to pursue additional compensation if your injuries were caused by the negligence of a third party, such as a contractor, equipment manufacturer, or other non-employer entity. To establish third-party liability, our attorneys will thoroughly examine the circumstances that led to your injury. This includes gathering evidence, reviewing workplace safety protocols, inspecting the scene of the accident, and assessing any equipment or machinery involved. We have significant experience in defective equipment cases and use this knowledge to build strong claims on behalf of our clients.
In addition to our legal experience, Spagnoletti Law Firm collaborates with a network of professionals, including mechanical engineers, harbor operations specialists, and other industry experts, who can help identify the cause of the accident and provide critical insight into how negligence occurred. These experts are essential in determining whether faulty equipment, inadequate safety measures, or other preventable hazards contributed to the incident. By leveraging this expertise, we can effectively establish the liability of the third party and strengthen your claim. Our goal is to ensure that every aspect of the accident is thoroughly investigated so that we can hold all responsible parties accountable for their role in your injury.
Once we establish third-party liability, Spagnoletti Law Firm will work to calculate the full scope of your losses for inclusion in your claim. This includes not only your immediate medical expenses and lost wages but also any long-term financial impact, such as future medical treatment or loss of earning capacity. We will also factor in your pain and suffering, emotional distress, and any other non-economic damages that have resulted from the accident. By taking a comprehensive approach, we ensure that every aspect of your injury is addressed in your claim. Our legal team is committed to fighting for the best possible outcome, whether through negotiations with the liable party or in court. We aim to secure the compensation you need for a full recovery and to be able to move forward with your life.
Contact Our Firm
For a free consultation about a third-party claim under LHWCA, contact Spagnoletti Law Firm in Houston, Texas. Fill out our online contact form or call 713-804-9306.