Florida's ports run around the clock. At PortMiami, Port Everglades, the Port of Palm Beach, Port Tampa Bay, and JAXPORT, longshore workers lash and unlash containers, drive cargo equipment, handle lines, and work in holds and on gangways. Ship repair crews weld, paint, and rig in shipyards and dry docks. Injuries come from falling cargo, collapsing ladders, slippery hatch covers, crane failures, and moving equipment in tight spaces.
These workers are often covered by a federal system that is separate from Florida workers' compensation, with its own notice and filing deadlines. Some also have a second claim, against the vessel, when the ship's own negligence caused the injury. Missing a deadline in either system can cost benefits.
Who is covered
The Longshore and Harbor Workers' Compensation Act covers "any person engaged in maritime employment," including longshore workers, harbor workers, ship repairmen, shipbuilders, and ship-breakers (33 U.S.C. § 902(3)). Coverage reaches injuries on navigable waters, "including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling, or building a vessel" (33 U.S.C. § 903(a)). The definition excludes several groups, including office clerical workers and certain marina and recreational vessel workers when they are covered by a state workers' compensation law, and it excludes the master and crew of a vessel (33 U.S.C. § 902(3)).
“any person engaged in maritime employment,”
33 U.S.C. § 902(3)
1. Give written notice within 30 days
Written notice of the injury must be given within thirty days after the injury, or within thirty days after you knew or should have known the injury was related to your work. Notice goes to the employer and to the deputy commissioner for the district where the injury occurred, and it must state your name and address and the time, place, nature, and cause of the injury (33 U.S.C. § 912). Keep a copy and proof of delivery.
2. File your claim within one year
A claim for compensation must generally be filed within one year after the injury. If the employer paid compensation without an award, the claim may be filed within one year after the last payment. The clock does not start until you knew, or through reasonable diligence should have known, that the injury was connected to your work (33 U.S.C. § 913(a)). Certain occupational diseases have a two-year period (33 U.S.C. § 913(b)(2)).
3. Identify the vessel and every outside company
Write down the ship's name, its flag, and its owner or operator if known, plus the terminal operator, the stevedoring company, the owner of the equipment involved, and any other contractors on site. A claim against someone other than your employer depends on knowing who they are.
4. Preserve the scene
Photograph the hatch, ladder, lashing gear, lighting, cargo, and equipment involved. Get coworkers' names and phone numbers. Ask that crane data, terminal video, and vessel logs be preserved; a ship can leave port within hours.
5. Get medical care and keep every record
Report the injury, get treatment, and keep copies of every medical record, work restriction, and payment you receive.
6. Do not settle with a third party without written approval
You may receive compensation and also pursue a third party responsible for the injury (33 U.S.C. § 933(a)). But if you settle with that third party for less than your compensation entitlement without the prior written approval of your employer and its carrier on the required form, "all rights to compensation and medical benefits under this chapter shall be terminated" (33 U.S.C. § 933(g)). This is one of the most expensive mistakes in longshore cases.
“all rights to compensation and medical benefits under this chapter shall be terminated”
33 U.S.C. § 933(a)
The rules that matter for longshore and dock workers
Your employer's liability is limited to compensation. The employer's compensation liability is "exclusive and in place of all other liability" to the worker (33 U.S.C. § 905(a)).
A claim against the vessel. When a covered worker is injured by the negligence of a vessel, the worker may bring an action against the vessel as a third party, and that claim "shall not be based upon the warranty of seaworthiness" (33 U.S.C. § 905(b)). The vessel claim is about negligence, so the evidence in steps 3 and 4 matters.
Accepting an award affects your right to sue. Accepting compensation under a formal award assigns your right to sue a third party to your employer unless you file suit within six months of accepting the award (33 U.S.C. § 933(b)).
Deadlines for a lawsuit. The general federal limit for a maritime personal injury claim is three years (46 U.S.C. § 30106). The 30-day notice and one-year claim deadlines above run much faster.
“exclusive and in place of all other liability”
33 U.S.C. § 905(a)
“shall not be based upon the warranty of seaworthiness”
33 U.S.C. § 905(b)
Your checklist
- Give written notice to your employer and the district office within 30 days.
- File your compensation claim within one year.
- Record the vessel name and every outside company involved.
- Photograph the scene and collect coworkers' contact information.
- Keep every medical record, restriction, and payment record.
- Do not settle with any third party without your employer's and carrier's written approval.
- Talk with a lawyer before accepting an award or signing any settlement.
How we handle these cases
We coordinate the compensation claim with any claim against the vessel or other third parties, so that one does not jeopardize the other. We identify the vessel and its owner, preserve the terminal and ship records, and calendar every notice and filing deadline. We handle maritime injury cases throughout Florida, including Miami-Dade, Broward, Palm Beach, Tampa, Orlando, and Jacksonville. Meetings are by appointment only. Call 305-748-3789.
This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.