Elements of a Charleston Longshore and Harbor Workers’ Compensation Case

The federal Longshore and Harbors Workers’ Compensation is a body of law that covers men and women that are doing work on the docks or around the waterfront. There is a further categorization of an individual who works on a vessel or performs on navigable waters, which would be a Jones Act seaman. As the work moves on land, many times, the case would fall under a Longshore and Harbors Workers’ Compensation Act claim.

To determine the specific elements involved in your Charleston Longshore and Harbor Workers’ accident, it is important to consult with an experienced lawyer immediately.

Classifying the Accident

Whether an individual falls under the Jones Act or the Longshore Harbor Workers’ Act depends on what is called a “sidus” and “status” of the person doing the work. Under the Longshore and Harbor Workers’ Compensation Act, longshoreman are under that act, but it also applies to other men and women that would be working on the docks. These may include crane operators or crane repairman, and any other people who do work that detail the loading and unloading the vessels.

When looking at the sidus and the status, the case will depend on what the individual’s job title is, how close they are to the water, and if they are working on the dock to determine whether or not they fall under the act. There are many arguments that can be made for many of the jobs, which is why an individual should seek the assistance of an experienced lawyer.

An attorney can gather the elements of an individual’s Charleston Longshore and Harbor Workers’ accident case and determine which of these areas of law they fall under. This way, a lawyer can maximize the benefits available to them as a result of the accident.

Defining a Longshoreman

Longshoreman are defined as the men and women that assist with the loading and unloading of vessels in both the United States and around the world. For the purposes of the law that applies, longshoreman refers to workers in the United States who work at United States’ ports. Typically, they are in the Union.

Injury Claims

When an individual is injured on the job, it is supposed to be a no-fault system. This means that whether or not the injured worker caused the accident, the employer caused the accident, or somebody in between, the individual is covered.

However, there is a cap on damages and a maximum compensation rate that could be paid no matter how much the injured was earning at the time of the accident. There is a maximum amount of weeks that would be paid out for an injury to body parts like the arms or legs.

It is a workers’ compensation system for those that were on the docks or near the docks. Many times, and in most cases, it runs concurrently with a South Carolina state workers’ compensation. That can also provide further benefits for the injured worker. To best understand the elements associated with a Longshore and Harbor Workers’ Accident case, an individual should not hesitate before consulting with an attorney.


Free Consultation

(843) 884-6615

The contents of this Web site are for informational purposes regarding legal issues in South Carolina and are not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this site or any sites linked hereto is not intended to create, and receipt does not constitute an attorney-client relationship. Our attorneys practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any jurisdiction where this site does not comply with applicable laws and bar rules. The lawyers of the law firm of Christmas Injury Lawyers are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.

Attorneys principally practice in Mt. Pleasant office, but we will meet you at the time and office most convenient to you. We will also come to your hospital room or home upon request.

The information given above are examples of actual cases with actual clients our law firm has handled in the past. The reviews listed on our website are endorsements and/or testimonials from actual clients. Any results our law firm may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.

In an effort to continue serving the community while keeping everyone healthy and safe, our office is offering phone and video consultations. To schedule or learn more call (843) 884-6615 or fill out a contact form here.