Port Worker Injury Lawyers — Charleston, SC
The Port of Charleston is one of the busiest container ports on the East Coast, employing thousands of longshoremen, crane operators, equipment drivers, maintenance workers, and administrative staff across multiple terminals. Port work is inherently dangerous — the combination of massive container cranes, heavy equipment, vessel operations, and time pressure creates some of the highest injury rates in any industry.
Roden Law represents port workers injured at Charleston’s terminals. Port injury claims are legally distinct from standard workers’ compensation — many port workers are covered by the federal Longshore and Harbor Workers’ Compensation Act (LHWCA) rather than South Carolina’s state workers’ comp system. Understanding which law applies is critical to maximizing your recovery.
Federal Longshore Act vs. State Workers’ Comp
Your coverage depends on where you work and what you do:
Longshore and Harbor Workers’ Compensation Act (LHWCA)
Covers employees engaged in maritime employment on or adjacent to navigable waters:
- Longshoremen loading/unloading vessels
- Crane operators working shipside
- Ship repair workers
- Container terminal workers on the wharf
- Marine terminal workers
Key benefits: Higher wage replacement rates than SC workers’ comp (66.67% of average weekly wage, higher maximum), medical coverage with no time limit, and vocational rehabilitation. Administered by the U.S. Department of Labor.
South Carolina Workers’ Compensation
Covers port workers whose duties don’t meet LHWCA’s maritime employment test:
- Warehouse workers at port-adjacent facilities
- Truck drivers hauling containers from the terminal
- Administrative and clerical port employees
- Security personnel
- Maintenance workers on non-maritime structures
Common Port Worker Injuries
- Crush injuries: Being caught between containers, struck by swinging loads, or pinned by equipment
- Falls from height: Falls from container stacks, vessel decks, gantry cranes, and loading platforms
- Struck-by incidents: Containers, chassis, straddle carriers, and rubber-tired gantry (RTG) cranes in motion
- Equipment accidents: Top-handler rollovers, forklift collisions, and automated stacking crane malfunctions
- Drowning: Falls into the water from wharves, gangways, or vessels
- Repetitive strain: Lashing and unlashing containers, operating heavy equipment controls for 8-12 hour shifts
- Chemical exposure: Fumigated containers opened without proper ventilation, fuel and hydraulic fluid exposure
Third-Party Claims for Port Workers
Even under the LHWCA or state workers’ comp, you may have additional third-party claims against:
- Vessel owners: Under the Longshore Act § 905(b), vessel owners owe a duty of care to longshoremen working on their ships
- Equipment manufacturers: Defective cranes, spreaders, twist locks, or container handling equipment
- Stevedoring companies: If a different company’s operations caused your injury
- General contractors: During port construction or expansion projects
- Container owners/shippers: Overweight or improperly labeled containers causing handling injuries
Charleston Port Terminals
Roden Law handles injury claims from all Charleston port facilities:
- Hugh Leatherman Terminal (new, North Charleston)
- Wando Welch Terminal (Mount Pleasant)
- Columbus Street Terminal (Charleston)
- Veterans Terminal (North Charleston)
Filing Deadlines
- LHWCA: Notice to employer within 30 days; claim filed within 1 year of injury (33 U.S.C. § 913)
- SC workers’ comp: Notice within 90 days; claim within 2 years (S.C. Code § 42-15-40)
- Third-party claims: 3 years (S.C. Code § 15-3-530) or applicable maritime limitation period
LHWCA’s 1-year deadline is strict. Do not delay. Contact Roden Law at (843) 612-6561 immediately after any port workplace injury.
