Longshoremen provide valuable services by ensuring goods are transported into and out of our nation’s ports. Working on the docks and around vessels has its own risks for accidents and personal injuries. There are several different types of moving equipment, such as forklifts, cranes, and trucks.
Common causes of port injuries and accidents could include:
- Falls from great heights or into the water.
- Being run over by a truck, forklift, or another moving vehicle.
- Having cargo, containers, or other objects accidentally dropped onto a person.
- Slips and trips on uneven pavement, cables, ropes, or a wet and oily surface.
- Exposure to hazardous materials and chemicals.
- Improperly functioning or maintained equipment.
When an accident does occur, longshoremen are protected under the Longshore and Harbor Worker’s Compensation Act (LHWCA). This Act provides specific provisions above and beyond normal state worker’s compensation claims.
While we typically associate personal injuries to those that do actual physical harm, like broken bones, sprains, strains, cuts, deep wounds, or death, we often do not consider the psychologic impacts and injures a person could also sustain. In some cases, a longshoreman could experience psychological injuries even if they are not physically injured.
Two of the more common types of psychological injuries a longshoreman may experience are post-traumatic stress disorder (PTSD) or mental anguish. PTSD can occur in workers that see or experience a horrific accident, like seeing a co-worker fall from an elevated height to their death. Mental anguish is when an injured worker is having difficulties dealing with their injuries since they can no longer work and provide for their family.
Fortunately, The LHWCA is written in such a manner to provide compensation for any type of injury, whether physical or psychological. However, most employers will challenge claims filed for psychological reasons unless the worker was also physically injured at the same time or was placed in imminent danger of harm.
This is why, if you are injured, physically or psychologically, it is in your best interests to consult with a local maritime lawyer, like those here at Maintenance and Cure. Call us at 1-800-836-5830 now to find out your legal rights!
