What Is A 905(b) Claim And How Can It Help Me Get Compensation For My LHWCA Injury?
If you are a longshoreman or dockworker and you are injured while at work on or near the water, your medical expenses will usually be covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA). You will also receive a portion of your wages while you are unable to work.
However, this amount is marginal. After a serious on-the-job injury, you may be left with substantial expenses that are not covered. And, in general, the LHWCA does not allow recovery for pain and suffering, lost fringe benefits, lost earning capacity and other damages. But, there are exceptions.
While the LHWCA provides protects employer from traditional lawsuits filed by employees, section 905(b) of the LHWCA allows you to file a “third-party claim” against any third-party company that may be responsible in whole or in part for your accident. You may pursue a traditional lawsuit against that third party in court and you may collect full damages for your injury, including pain and suffering, medical expenses, lost wages, lost earning capacity, lost fringe benefits and other losses. The percentage of the damages that are covered is limited to percentage of the blame that the third-party holds for your injury.
Section 905(b) of the LHWCA offers one exception to the rule forbidding an employee from suing his employer. An employee may file a traditional tort lawsuit against his employer “in its capacity as a vessel owner” if both of the following are true:
1. The employer was also the owner and operator of a vessel on which the employee was injured. 2. The injury was caused by your employer’s negligence “in its capacity” as the vessel owner.
Pursuing a 905(b) claim against your employer does not affect your other benefits under the LHWCA
Filing a 905(b) claim is complicated. A qualified maritime attorney can help you determine if you have a potential 905(b) claim against your employer. Claims under § 905(b) must be filed within three years of injury, but the process can be lengthy. To learn about your rights under the LHWCA and whether you have a valid 905(b) claim, contact the New Orleans maritime injury attorneys at The Young Firm at 866-938-6113.
