Occupational Safety and Health Administration (OSHA) statistics consistently show that shipyards are one of the most dangerous workplaces. Between the potential for heavy machinery defects, the bulky cargo, and the risk of negligent conduct, it is no surprise that shipyards see over twice the number of injury-causing accidents than other construction and industrial sites.
As a maritime injury attorney could affirm, pursuing financial recovery after an accident on the job in a shipyard can vary depending on how the incident occurred and who was involved in causing it. Fortunately, help is available from a dedicated Mount Pleasant shipyard accident lawyer who could work relentlessly on your behalf to maximize the compensation available to you.
Does Workers’ Comp Cover Shipyard Accidents?
Federal laws and regulations govern most on-the-job accidents involving workers in maritime industries, and there are different applicable rules depending on whether an incident occurred out in navigable waters or on land. However, shipyards exist in a gray area because of another contributing factor—the specific parties involved in the incident.
If a shipyard worker performs their duties solely on land and is classified as an employee of the company that owns and/or operates the shipyard, they would likely have access to traditional workers’ compensation coverage through their employer. This means they would not have to prove negligence by anyone to seek financial restitution. However, they would be limited to recovering for only reasonable medical expenses and a certain percentage of their lost wages.
Longshore and Harbor Workers’ Compensation Act
If an accident occurs because a third-party ship owner delivered their vessel to a shipyard in an unreasonably unsafe condition, the injured worker may be able to seek compensation from that owner through a Longshore and Harbor Workers’ Compensation Act claim. A skilled attorney in Mount Pleasant could offer crucial clarification about which workers’ comp laws may or may not apply after a shipyard accident.
Other Options for Recovery Following Injuries in Shipyards
Shipyard accidents that stem from negligence by a third-party contractor may impose liability directly upon that third party rather than the injured worker’s employer. In this case, an accident victim could potentially pursue a traditional negligence claim against the irresponsible contractor, which would require them to show that the defendant’s breach of their duty of care directly caused the worker’s injuries. Notably, this would also allow recovery for a wider assortment of ensuing damages.
Additionally, shipyard workers employed directly by the U.S. military and/or work on a military base may have access to benefits through the Defense Base Act. Guidance from a knowledgeable shipyard injury lawyer in Mount Pleasant could be essential to sorting out recovery options and effectively pursuing financial restitution for workers in these circumstances.
Speak with a Mount Pleasant Shipyard Accident Attorney Today
Shipyard accidents impact thousands of workers every year, many of whom struggle to return to total working capacity for months or even years afterward. Unfortunately, because so many different entities and businesses regularly pass through shipyards, it can be challenging to determine who bears financial liability for accidents that occur on these sites.
Contact a Mount Pleasant shipyard accident lawyer at the firm for assistance in your pursuit of compensation today. A member of the team is standing by to protect your rights.