Could You Have a Third Party Lawsuit for a Dockside Injury?
As a dock worker, you may be covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA) if you are hurt at work. Regardless of the cause of your injury, you may be able to receive medical care and recover some compensation for your work-related injuries. However, if you can prove that you were hurt by the negligence of a third party, then you may recover more than you otherwise would in a typical Longshore and Harbor Workers Compensation Act case.
When You Might Have a Third Party Claim
Generally, you may have a third party claim if you can prove the negligence of:
- The vessel’s owner. The owner of the ship has a duty to keep workers safe. If the owner fails to keep the ship up to code, fails to regularly inspect the ship and maintain it, or fails to advise workers of risks that are known (or should be known), then a worker who is injured could have a third party claim.
- Your employer. If your employer is also the vessel owner and you were hurt because of your employer’s negligence as the vessel owner, then you could have a third party lawsuit against your employer.
- A third party. A third party could include equipment owners or operators, truckers or trucking companies, and contractors at the worksite, for example.
In order to recover damages in a third party lawsuit, you are going to have to prove that a third party or the vessel owner was negligent. This is a different standard than a typical Longshore and Harbor Workers’ Compensation Act case. To succeed in a third party lawsuit, you will need to establish that:
- The party you are suing owed you a duty of care.
- The party you are suing breached that duty of care by failing to act like a reasonable party.
- You were hurt as a result of the breach of the duty of care.
- You have the legal right to bring a third party lawsuit and recovery damages.
Negligence can result in dangerous falls, exposure to toxic chemicals, truck crashes, construction equipment accidents, and other incidents. Third party lawsuits are difficult to prove, but can provide you with significant benefits if your claim is successful.
Get the Help You Deserve to File a Successful Third Party Claim
An experienced maritime injury lawyer can investigate all aspects of your potential claims, identify the responsible parties, and help you get a fair and full recovery. To schedule a free consultation and to learn more about your rights, please contact us as soon as possible via this website or by phone. Your time to file a claim is limited by law and we want to help you get the compensation that you need and that you deserve.