A serious injury at a commercial dock or marine terminal can leave a worker facing medical bills, lost wages, and uncertainty about returning to work. Some injuries can also cause lasting physical limitations that make it difficult to return to the same job.
The Longshore and Harbor Workers’ Compensation Act may cover medical expenses and lost wages, but injured workers may have other options for compensation. Depending on what caused the accident, a vessel owner, contractor, equipment manufacturer, or another third party may also be liable. Identifying who was involved and what led to the injury can help determine whether a worker has grounds for an additional claim.
A Single Dock Accident Can Involve Multiple Liable Parties
More than one party may be responsible for an accident at a dock or marine terminal. Depending on what happened, an injured worker may have a claim against:
- The vessel owner, if unsafe conditions aboard the ship contributed to the injury.
- The vessel operator, if its handling or supervision of cargo operations contributed to the accident.
- The terminal operator, if dangerous conditions on the dock played a role.
- An equipment manufacturer, if a defective crane, forklift, or piece of rigging caused the injury.
These parties have different legal responsibilities, and not every accident will involve all of them. Determining who may be liable means looking at how the accident happened, who controlled the work or equipment involved, and whether anyone failed to meet their legal obligations. Some of these claims may fall outside the workers’ compensation system.
Why Maritime Injury Claims Are Different From Ordinary Workplace Accidents
Maritime workers may have different legal rights than employees injured in other workplaces. Depending on where they work and what they do, federal maritime laws may apply instead of state workers’ compensation laws.
The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides eligible dock workers with benefits for medical treatment and a portion of their lost wages. However, LHWCA benefits generally do not cover pain and suffering or loss of enjoyment of life.
If someone other than the worker’s employer contributed to the accident through negligence, the injured worker may also be able to file a third-party claim. This could allow them to seek compensation beyond what the LHWCA provides. Whether that option is available depends on what caused the injury and who was responsible.
When Is the Vessel Owner Responsible for a Dock Worker’s Injury?
A vessel owner may be liable if unsafe conditions aboard the ship contribute to a dock worker’s injury. This can include accidents that occur while workers are on the vessel or carrying out work related to its operations. Whether the owner can be held responsible depends on what caused the accident, whether the owner knew or should have known about the danger, and what duties applied under maritime law.
Understanding Scindia Duties and the Vessel Owner’s Turnover Obligation
In Scindia Steam Navigation Co. v. De Los Santos the U.S. Supreme Court outlined three main duties vessel owners may owe to longshoremen and dock workers. These duties help determine when a vessel owner can be held liable for an injury during cargo operations.
The turnover duty applies when a vessel is handed over for cargo operations. The vessel owner must turn over the ship and its equipment in reasonably safe condition and warn of certain hidden hazards that workers would not reasonably be expected to discover. These might include concealed equipment defects or dangerous cargo conditions.
The active control duty applies when the vessel owner or crew retains control over part of the work or an area where cargo operations are taking place. If the owner or crew negligently creates or allows a dangerous condition in an area under its active control, the vessel owner may be liable for resulting injuries.
The duty to intervene can apply when a vessel owner becomes aware of a serious hazard during cargo operations. Even if the vessel owner did not create the dangerous condition, there are situations where the owner may be required to step in and address it.
For example, if the vessel owner knows that workers are being exposed to a serious danger and that the stevedore is continuing work despite an obviously unreasonable risk, failing to intervene could lead to liability.
When Crew Negligence Can Make a Vessel Owner Liable
A vessel owner may also be held responsible if the crew’s negligence causes a dock worker’s injury. For example, a crew member might operate equipment improperly, create an unsafe condition, or interfere with cargo operations. If those actions lead to an injury, the worker may have grounds for a negligence claim against the vessel owner.
Can a Vessel Operator Be Held Liable?
Yes. The company operating a vessel isn’t always the company that owns it. One company might own the ship while another operates it under a charter agreement.
If the vessel operator or its crew contributes to an accident through negligence, the operator may be liable for the worker’s injuries. Determining liability depends on who controlled the vessel, who was responsible for the work involved, and how the accident happened.
Active Control Over Cargo Operations
A vessel operator may be liable if it retains control over part of the cargo operation and its negligence contributes to a worker’s injury. This could involve how cargo is loaded, unloaded, or moved aboard the vessel.
The operator doesn’t have to oversee the entire operation to retain active control. What matters is whether vessel personnel actually controlled the work or area where the accident occurred, rather than simply being present or monitoring the operation.
Failure to Intervene When Dangerous Conditions Are Known
A vessel operator may also face liability if it knows about a serious hazard during cargo operations and fails to intervene when the circumstances require it.
Safety complaints, inspection records, and previous incident reports may help establish what the operator knew about the danger. These records can also help determine whether the operator understood that work was continuing despite the risk and whether intervention was required.
When Is the Terminal Operator Responsible?
Terminal operators may be responsible for unsafe conditions on docks, piers, and other areas of a marine terminal. This can include hazards involving cranes, forklifts, cargo equipment, and the work areas used by dock workers.
Whether a terminal operator can be held liable depends on what caused the injury, who was responsible for the unsafe condition, and whether the operator had a legal duty to address it.
Unsafe Premises, Cranes, Forklifts, and Cargo Equipment
Dock workers rely on cranes, forklifts, rigging, and other equipment to move heavy cargo. When that equipment is defective or poorly maintained, serious accidents can happen.
Unsafe dock conditions can also contribute to injuries. Slippery surfaces, uneven walkways, poor lighting, and unsafe access areas can put workers at risk. If a terminal operator knew or should have known about a hazard and failed to take appropriate action, it may be liable for resulting injuries.
Poor Maintenance and Hazardous Dock Conditions
Not every dock accident involves a sudden equipment failure. Some hazards develop over time because inspections are missed, repairs are delayed, or safety complaints go unaddressed.
Maintenance records, inspection logs, previous complaints, and OSHA reports may help establish whether a dangerous condition existed before the accident. They can also show whether the terminal operator was aware of the problem and had an opportunity to fix it.
Understanding 905(b) Third-Party Negligence Claims
Section 905(b) of the Longshore and Harbor Workers’ Compensation Act allows eligible injured maritime workers to bring negligence claims against vessel owners in addition to receiving LHWCA workers’ compensation benefits.
Unlike LHWCA benefits, which generally cover medical expenses and a portion of lost wages without requiring proof of fault, a Section 905(b) claim requires the worker to show that vessel negligence contributed to the injury. This may involve a breach of one of the vessel owner’s duties under the Scindia framework.
A successful vessel negligence claim may also provide compensation for damages not covered by LHWCA benefits, including pain and suffering, emotional distress, and loss of enjoyment of life.
What Is the Limitation of Liability Act?
The Limitation of Liability Act may allow a vessel owner to limit its financial responsibility after a maritime accident, generally based on the vessel’s value and pending freight after the incident.
This protection isn’t automatic. Whether it applies depends in part on what the vessel owner knew about or was involved in concerning the conditions that caused the accident.
Protecting Evidence After a Dock or Terminal Injury
Important evidence can be lost after a dock or terminal accident. Surveillance footage may be deleted, records can go missing, and witnesses may forget details over time. Speaking with a maritime injury attorney early can help preserve vessel logs, maintenance records, incident reports, and other evidence that may be needed to support a claim.
Contact Latti Associates today to speak with a maritime injury attorney about your dock or terminal injury case.
