The Longshore Act covers disability or death of a worker occurring upon navigable waters such as the Ohio River, Lake Erie and Kanawha River including any adjoining pier, wharf, dry dock or terminal. It is a no fault based system of workers’ compensation.

Longshoremen perform work such as loading, unloading and cleaning barges, tow boats or Great Lakes vessels, dry dock welding and conveyor belt system repair. It is not necessary for an employee to be onboard a barge, tow boat or dock to be covered under the Longshore Act. Longshore coverage has been extended to a truck driver moving metal taken from a barge that was stored in a scrap field and a boat mechanic injured in a gear room located five blocks from the nearest dock.

In addition to compensation benefits, the Longshore Act and General Maritime Law provide additional remedies to injured Longshoremen. An employee with a claim for damages against a party other than his/her employer may receive Longshore compensation from the employer and bring a negligence action against a third party. The Longshore Act affords a worker injured by the negligence of a vessel the opportunity to receive Longshore compensation from the employer and maintain an action against the vessel, even if the vessel is owned by the employer.

Longshore workers’ compensation frequently provides benefits that exceed state workers’ compensation. Most law firms in Ohio, Kentucky and West Virginia do not practice Longshore cases. Many injured dock worker cases are filed under state workers’ compensation when a more generous remedy may be available under the federal Longshore Act.

It is important to have your claim reviewed by an attorney who regularly practices federal Longshore cases. You should have your case evaluated to see if it may be filed under the Longshore Act, rather than under state workers’ compensation. Steven Schletker will provide a free evaluation of your case to help you determine which type of workers’ compensation claim may give you the best result. You can start the process by calling Steve on his toll free number (800) 254-7487.