HomeMaritime Law BlogMaritime Injury ClaimsInformation to Know about Filing a 905(b) Claim under the LHWCA

Information to Know about Filing a 905(b) Claim under the LHWCA

A third-party lawsuit may be filed under longshore workers’ compensation law to allow recovery from negligent parties with help from a Louisiana maritime attorney. The Longshore and Harbor Workers’ Compensation Act (LHWCA) allows longshoremen, harbor workers, and other maritime employees injured on the job to recover compensation similar to other workers’ compensation claims.

But section 905(b) of the LHWCA provides injured maritime employees with the right to file a third-party lawsuit against either an employer who owns the vessel, or another entity that contributed to the accident. An example of a third-party that may be responsible for an accident under longshore workers’ compensation law would be a company that maintained equipment on the ship that malfunctioned and injured an employee.

When a 905(b) claim is filed against an employer, it is typically a case where the employer owned the vessel and was negligent in the maintenance and safety of the ship. If an employee was injured because of the employer’s negligence, that employer may be held liable for the damages through a claim, which a Louisiana maritime attorney can help file.

Damages in a 905(b) claim may include:

  • medical benefits;
  • full lost wages, past and future;
  • full lost fringe benefits (maintenance and cure);
  • pain and suffering; and
  • any other damages deemed related to your injuries.

Time May Be Short – Talk to a Louisiana Maritime Attorney to File a Claim

Filing a 905(b) claim must be done within three years of the injury, but there is no reason to delay taking action. The sooner a claim is filed, the sooner a victim may be able to obtain a proper settlement for the damages suffered.

The attorneys at The Young Firm in Louisiana help injured maritime workers all along the Gulf Coast. Call 504-680-4100 to schedule a consultation with our office to learn more about your rights under longshore workers’ compensation and to discuss options to file a third-party lawsuit after a serious maritime accident.

More Resources on the LHWCA:

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