What Is a Maritime Injury Case?

Injured as a longshore or harbor worker? The LHWCA provides federal compensation benefits, but you may also have third-party negligence claims. Our maritime lawyers maximize your total recovery.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Longshore and Harbor Worker Lawyers in Georgia & South Carolina

The Longshore and Harbor Workers’ Compensation Act (LHWCA, 33 U.S.C. § 901 et seq.) provides federal workers’ compensation benefits to maritime workers who are injured on navigable waters or on adjoining piers, docks, terminals, and other waterfront areas — but who do not qualify as “seamen” under the Jones Act. The LHWCA covers a substantial workforce including longshoremen, dock workers, ship repairers, harbor construction workers, marine terminal operators, and other waterfront employees.

At Roden Law, our longshore and harbor worker lawyers serve the busy ports and waterfront industries of Savannah, Charleston, and the Georgia and South Carolina coastline. We help injured workers navigate the federal LHWCA claims process while also pursuing third-party negligence claims that can provide far greater compensation than LHWCA benefits alone.

Who Is Covered by the LHWCA?

The LHWCA covers workers who meet both a situs (location) and status (occupation) test:

  • Situs test: The injury must occur on navigable waters of the United States or on an adjoining area customarily used by an employer in loading, unloading, repairing, dismantling, or building a vessel — including piers, wharves, dry docks, marine terminals, and areas adjacent to navigable waters
  • Status test: The worker must be engaged in maritime employment, including longshoremen who load and unload cargo, ship repairers and shipbuilders, harbor construction workers, marine terminal operators and clerks, and container freight workers on the waterfront

Workers who do not qualify under the LHWCA include clerical and office workers, security guards, recreational marina employees, and workers covered by state workers’ compensation. Workers who qualify as “seamen” are covered by the Jones Act instead.

LHWCA Benefits

The LHWCA provides several categories of benefits:

  • Medical benefits: All reasonable and necessary medical treatment related to the work injury, with no copays or deductibles — the employer or insurer must pay all medical costs
  • Temporary total disability (TTD): Two-thirds of the worker’s average weekly wage while unable to work, subject to a maximum weekly rate
  • Temporary partial disability (TPD): Two-thirds of the difference between pre-injury and post-injury earning capacity
  • Permanent partial disability (PPD): Compensation based on the body part affected and degree of impairment, using a scheduled benefits table
  • Permanent total disability (PTD): Two-thirds of average weekly wage for life when the worker is permanently unable to work
  • Death benefits: Compensation to surviving dependents, including funeral expenses

Third-Party Claims: Beyond LHWCA Benefits

While the LHWCA bars direct lawsuits against the employer (similar to state workers’ comp), injured longshore and harbor workers can pursue third-party negligence claims against parties other than their employer. Common third-party defendants include:

  • Vessel owners: Under 33 U.S.C. § 905(b), a longshore worker injured aboard a vessel can sue the vessel owner for negligence — this is one of the most common and valuable third-party claims
  • Equipment manufacturers: Defective cranes, forklifts, rigging, and other waterfront equipment — strict liability and negligence claims
  • General contractors: On harbor construction projects, the general contractor may be liable for unsafe conditions
  • Other employers: When workers from multiple companies share a worksite, one company’s negligence may injure another company’s employee

Third-party claims allow recovery of full compensatory damages including pain and suffering — far exceeding the scheduled LHWCA benefits. Our attorneys pursue both LHWCA benefits and third-party claims simultaneously to maximize total recovery.

LHWCA Claims Process

LHWCA claims are administered by the U.S. Department of Labor, Office of Workers’ Compensation Programs (OWCP). The injured worker must provide written notice of injury to the employer within 30 days and file a formal claim within 1 year of injury (or 2 years from when the worker knew or should have known the injury was related to employment, for occupational diseases). Third-party negligence claims are subject to the applicable statute of limitations — typically 3 years under general maritime law.

Port Cities We Serve

Our attorneys serve longshore and harbor workers at the Port of Savannah — one of the busiest container ports in the nation — the Port of Charleston, and waterfront operations throughout Georgia and South Carolina. We understand the specific hazards of container terminal operations, ship loading and unloading, and harbor construction in these busy port environments.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
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What to Do After a Maritime Injury

  1. Report the injury and make sure it is entered in the log. Tell the captain or your supervisor, confirm it was logged, and ask for a copy. An unlogged injury becomes an injury that allegedly happened ashore.
  2. Get medical care, and know your employer may owe it regardless of fault. A seaman injured in the service of a vessel is generally entitled to maintenance and cure — medical treatment and basic living costs — without proving anyone did anything wrong.
  3. Read the company accident form before you sign it. You will often be handed a statement written by someone else describing an incident you were present for. Correct it or decline to sign until you have advice.
  4. Photograph the conditions and note who saw it. Deck condition, gear, lighting, weather, and staffing. Crews rotate off and become very hard to find.
  5. Find out which law covers you — it changes everything. Crew members generally fall under the Jones Act, with the right to sue the employer directly. Longshore, dock, and terminal workers generally fall under the federal LHWCA. Shoreside workers fall under state workers' compensation. The three pay very differently.
  6. Do not give a recorded statement to a company representative or insurer. They are gathering a defense, not helping you. You are generally not required to provide one before speaking with an attorney.
  7. Move quickly — maritime deadlines are short and vary by system. An LHWCA claim generally requires notice within 30 days and filing within one year (33 U.S.C. § 913). Roden Law offers free consultations.

Proving Your Longshore and Harbor Worker Case

To win a personal injury case involving a maritime injury, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Longshore and Harbor Worker Cases

Victims of a maritime injury injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Longshore and Harbor Worker Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Roden Law Longshore and Harbor Worker Lawyers Results at a Glance

$300M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating across hundreds of verified Google reviews from our six offices
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated August 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
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Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

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