June 17, 2023

Comprehensive Guide to 905(b) Claims: Insights from a St. Mary Parish Maritime Attorney


Maritime workers face unique risks and challenges in their profession. When accidents occur on or near the water, injured workers need to understand their rights and options for compensation. A St. Mary Parish Maritime Attorney can help navigate the complexities of maritime law, specifically when it comes to 905(b) claims under the Longshore and Harbor Workers’ Compensation Act (LHWCA). In this comprehensive guide, we’ll explore the concept of 905(b) claims, their benefits, eligibility criteria, and how a skilled Maritime Attorney can help you maximize your compensation.

Understanding the Longshore and Harbor Workers’ Compensation Act (LHWCA)

The LHWCA is a federal law designed to protect maritime workers who are not covered by the Maritime, another essential maritime law. Workers who are injured or killed while working on a pier, wharf, dock, or any other adjoining location in navigable waters of the United States are entitled to recover injury compensation under the LHWCA. This law helps thousands of longshoremen and harbor workers across the nation to receive much-needed financial support after a maritime accident.

The Importance of Marine Terminals

The more than 3,700 marine terminals in the U.S. play a crucial role in the American economy, moving $500 billion worth of cargo each year. This heavy volume of traffic means that many longshoremen put their health at risk while working at these docks. Harbor workers deserve fair compensation when they suffer a workplace accident.

Introducing 905(b) Claims: A Key Provision of the LHWCA

Section 905(b) of the LHWCA allows workers injured due to the negligence of the vessel owner to file a third-party injury claim. While the LHWCA typically functions like workers’ compensation, providing only limited damages, Section 905(b) allows for a personal injury lawsuit in the event of negligence. If your employer also owns the vessel where you worked, you can sue your employer for your injuries caused by their negligence.

Compensation Under the LHWCA

The LHWCA provides only modest compensation to injured maritime workers. After a maritime accident, workers who are eligible to file a suit under the LHWCA can recover the following damages:

  • A portion of lost wages
  • Payment for partial or total disability
  • Medical bill reimbursement

However, if a worker files a longshore claim under Section 905(b), their potential compensation increases dramatically. Section 905(b) negligence lawsuits can pursue the following damages:

  • Lost wages
  • Medical bills
  • Pain and suffering

Allowing accident victims to pursue pain and suffering damages can significantly increase the compensation available. Therefore, injured employees should consult a knowledgeable maritime attorney to determine if they are eligible for a 905(b) longshoreman claim.

The Role of a St. Mary Parish Maritime Attorney in 905(b) Claims

Seeking the assistance of a St. Mary Parish Maritime Attorney is essential when pursuing a 905(b) claim. Maritime law is complex and differs from land-based employment law. A skilled maritime attorney can help you understand the intricacies of your case and maximize your compensation. Some services provided by a maritime attorney include:

Determining Eligibility for a 905(b) Claim

A maritime attorney will assess your case and determine if you are eligible to file a 905(b) claim. Some factors they’ll consider include:

  • Whether the vessel owner was negligent
  • If your employer also owns the vessel where you worked
  • The extent of your injuries

Gathering Evidence to Support Your Claim

A St. Mary Parish Maritime Attorney will help you gather the necessary evidence to support your 905(b) claim. This may include medical records, witness statements, and documentation of the vessel owner’s negligence.

Negotiating with Insurance Companies

Insurance companies often try to minimize the compensation they pay to injured workers. A maritime attorney will negotiate with insurance companies on your behalf, ensuring you receive the full compensation you deserve.

Representing You in Court

If your case goes to trial, a St. Mary Parish Maritime Attorney will present a compelling case on your behalf, fighting for the maximum compensation you are entitled to under the law.

The Importance of Hiring a Maritime Attorney

In addition to helping with 905(b) claims, a Maritime Attorney can assist injured maritime workers covered by the Maritime, another federal maritime law. A skilled Maritime Attorney can help you understand your rights and options for compensation under this law, ensuring you receive the support you need after a maritime accident.

Cueria Law Firm LLC: Your Trusted New Orleans Personal Injury Firm

If you’ve been injured in a maritime accident and need assistance with a 905(b) claim, look no further than Cueria Law Firm LLC. Our experienced personal injury attorneys understand the complexities of maritime law and are dedicated to helping injured workers receive the compensation they deserve.

To learn more about our services and how we can help with your 905(b) claim, visit our website at https://cuerialawfirm.com/. Contact our maritime injury attorneys today for a free consultation to discuss your accident experience and explore your legal options for obtaining compensation.

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