Tabak Mellusi & Shisha LLP
Call Today For A Free Consultation 800-781-8419 212-962-1590

Experience You Can
Depend On

How does the Longshore Act define injury?

The great benefit of the Longshore Act is that it protects people who work on Manhattan docks or on the navigable waters of the United States if they should suffer injury. However, some in New York may wonder how far the Longshore Act goes in offering help to injured maritime workers. What exactly does this law mean by injury? Fortunately, the U.S. government explains how the Longshore Act defines injury, and thus makes it clear who can be compensated by this law.

According to the U.S. Department of Labor, for the purposes of the Longshore Act, injury can be defined as injury caused by accident during a worker’s regular course of employment. A person doing maritime work at a dock who is injured from a piece of work equipment is one such example. Someone who is killed as a result of an accident also qualifies as an accidental injury.

However, sometimes a maritime worker may get hurt because of someone’s deliberate actions to inflict injury. The Longshore Act will define injury as including instances when a worker suffers injury from a third person due to the worker’s employment. So a worker who is assaulted by another person for reasons related to the worker’s maritime employment can seek compensation under the Longshore Act.

In addition, the Longshore Act considers occupational disease as an injury. Someone like a dock worker, for example, could receive compensation as a result of an occupational disease or an infection that develops as a result of the natural course of being a dock worker. The Longshore Act also offers compensation for occupational disease that resulted from an accidental injury that a worker may have previously suffered.

Additionally, there are workers who do not qualify for compensation under the Longshore Act regardless of their injury, but such individuals may still find relief under the Jones Act or workers’ compensation. There are many avenues available for an injured maritime worker to seek assistance to recover from an injury. Because maritime workers can suffer any number of injuries while on the job, this article should not be read as legal advice. Only read it for general information purposes.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Let Us Help You

Schedule A Free Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Firm Contact Information

29 Broadway, Suite 2311
New York, NY 10006

Toll Free: 800-781-8419
Phone: 212-962-1590
Fax: 212-385-0920
New York Law Office Map