Houston Longshore Accident Attorneys

Houston ports rely heavily on longshoremen and stevedores to unload cargo and repair ocean—and river-going vessels. Employers must maintain safe job sites despite challenging conditions, such as intense physical labor and unpredictable weather. If dock workers are injured on the job, they may be eligible for compensation to cover medical bills and lost wages under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

As an injured maritime worker, you have rights, and the skilled lawyers at Havens & Associates are here to help you assert them. We work daily with injured dockers and their families, guiding them through understanding and claiming their entitled benefits.

We’re here to support you. Call us at (713) 955-2215 today to schedule a free consultation with a skilled attorney at our firm.

Trust our top-rated legal team to deliver

When you choose Havens & Associates to handle your maritime legal issues, you’re getting help from a top-notch legal team with a wealth of experience in maritime and admiralty law. Our firm is recognized as one of the best, with accolades including:

Multi-Million Dollar Advocates Forum®
Million Dollar Advocates Forum®
The Top Trial Lawyers in America®

Here’s what you can expect when you work with our Houston maritime injury lawyers:

Extensive experience handling maritime injury cases
Personal attention and tailored legal advice
Deep understanding of the strategies used by opponents
A proven track record of winning big for our clients

Our results speak for themselves. We have a strong record of securing large settlements and jury awards, including a recent $600,000 win for a client injured on an oil rig.

Here’s how Havens & Associates can help you

Because the claims process is comprehensive and requires specific supporting documentation, work with a Houston longshore lawsuit attorney who understands the process and requirements.

Save time by submitting proper documentation

Receiving benefits isn’t automatic. You submit your claim, along with the medical records and other evidence supporting that you were injured during your normal job duties or on your work site. However, knowing what does and doesn’t qualify as supporting documentation can be tricky. A lawyer can sort through your records and submit the right ones.

Advocate relentlessly for your benefits

Even once you’ve submitted a properly supported claim, there may be more hurdles between you and your benefits. Your employer may deny or minimize your claim, or their insurance company may scrutinize it and ask for more documentation. Insurance companies are profit-driven companies and not in the business of paying out large claims. If you don’t have a lawyer, the insurance company may hope to wear you down until you give up.

Or, the insurance company may underpay the claim, leaving you on the hook for medical bills and without a source of income while recovering from your injuries. If this happens, your Houston longshore attorney can negotiate a fair settlement with the insurance company and advocate for your interests.

What are some common causes of longshore accidents?

When inclement weather and slick surfaces are involved, the risks of being injured on the docks or while building or repairing a vessel increase exponentially. Some of the most common causes of longshoreman accidents include:

Heavy equipment and machinery accidents: Malfunctioning equipment, operator error, or an untrained worker using equipment they shouldn’t can all have deadly consequences
Falling from heights, such as crane or scaffolding accidents
Falling objects: Failure to secure objects from falling could result in a serious head injury for those below
Explosions or fires can be especially dangerous when the worker is onboard a vessel with no escape
Slip- or trip-and-fall accidents: A fall from slipping or tripping over something can cause more serious injury than you think
Repeated exposure to loud sounds can cause hearing damage
Exposure to toxic fumes or toxic chemicals can cause several kinds of chronic or deadly illnesses, like mesothelioma, COPD, cancer, or brain injury

Unfortunately, many longshore accidents are preventable but happen due to negligence. Lack of proper safety gear and training, malfunctioning or defective equipment, or lack of personal protective equipment (PPE) can cause injuries. Maintaining safe working conditions on the docks is your employer’s job.

Who’s protected by the Longshore & Harbor Workers Compensation Act?

The LHWCA provides access to high-quality health care for injured longshoremen or those who work in certain jobs on U.S. navigable waters. The Act covers necessary medical and rehabilitative care and a wage benefit for the time you missed at work to recover. For families whose loved ones passed away from their workplace injury, the Act also provides funeral and survivor benefits.

This Act is akin to the workers’ compensation benefits that many other Texas employers provide. It covers workers responsible for loading and unloading vessels, building and repairing river and sea-going vessels, and those who work on the docks.

You may be eligible for compensation if you get hurt on the job or develop an occupational disease due to your work environment. Our Houston longshore injury attorneys can fight to ensure you get the maximum amount.

What kinds of injuries are covered by the LHWCA?

Burns
Fractures and broken bones
Herniated disc or spinal cord injury
Repetitive motion or repetitive stress injuries
Electrocution
Concussion or traumatic brain injury
Involuntary amputation or loss of the use of limbs
Internal organ damage or internal bleeding
Partial or total paralysis

This isn’t an exhaustive list. Unfortunately, in many dockside accidents, the injured maritime employee suffers multiple serious injuries.

In some cases, the worker is injured so severely that they pass away. In these tragic cases, the LHWCA extends benefits to the worker’s spouse, children, or parents. If you’ve lost a loved one due to a workplace injury or if they pass away because of a disease or illness contracted on the job, speak with one of our Houston longshore death attorneys. We can help you get the compensation you deserve.

What benefits are available under the LHWCA?

You may qualify for the following benefits:

Reasonable and medically necessary medical treatment
Rehabilitative care, like physical or occupational therapy
Temporary or permanent disability payment
Medical transportation
Pain and suffering
Diminished quality of life

For families who lost a covered loved one, the benefits include funeral and burial expenses and compensation for the loss of the financial and emotional contribution of their family member.

You must pass two “tests” to receive benefits

Benefits and compensation under the LHWCA are available to injured workers who pass both the status and situs tests.

Status Test

The status test determines the worker’s exact job and whether they qualify as maritime workers.

Situs Test

The situs test determines where the maritime employee works (i.e., on navigable waters or the docks). To be covered, one must work on a vessel or around water but not in an administrative capacity.

What is the LHWCA claims process?

Filing a claim can be tricky for those unfamiliar with maritime law and the claims process. One mistake or omission can cause the claim to be delayed or even denied. Working with a Houston longshore accident law firm from the outset can help you avoid these pitfalls and quickly get the money you need.

By law, LHWCA claims must be filed within 30 days of the accident. For workers diagnosed with an occupational illness, the deadline is one year. The claim is filed through the federal Office of Worker’s Compensation Programs (OWCP), not the Texas Workers’ Compensation offices.

LHWCA claims are considered “no-fault,” which means that the compensation is paid irrespective of whose fault the injury-causing accident was. So, even if the injured worker contributed some of the fault for the incident, they are still eligible for benefits.

However, if the worker was under the influence of alcohol or drugs at the time or acting to harm themselves or another, then their claim will likely be denied.

Our Houston longshore accident attorneys are ready to work toward compensation

Have you been injured in a longshore accident or developed an occupational illness from unsafe working conditions? The skilled team at Havens & Associates is ready to help. We’re on your side, advocating for your rights and representing your interests with your employer, insurance company, and lawyers.

We can properly value your claim to ensure you get the maximum benefits under LHWCA law. We know how big insurance companies work and the language they use to try to deny valid claims. Our legal team protects your interests and can negotiate a fair settlement.

For families who have lost a loved one, we can work with you to file for death benefits, helping you through this traumatic and stressful time so you can move on and heal. Contact our Houston longshore death law firm today for a free consultation by calling (713) 955-2215.