What Is a Workers' Compensation Case?

Port of Charleston workers face unique hazards — crane operations, container handling, heavy equipment, and vessel loading. Port injuries may be covered by the Longshore Act (federal) or SC workers' comp. Roden Law — free consultation.

— Reviewed by Graeham C. Gillin, Partner, COO at Roden Law ·

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.

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What to Do After a Workplace Injury

  1. Report the injury to your employer. Notify a supervisor or HR in writing within 90 days of the injury (S.C. Code § 42-15-20). This is the deadline injured workers miss most often, and missing it can bar your claim entirely.
  2. Get medical care from an authorized physician. Your employer should post a panel of physicians. Treating outside that panel without approval can leave you responsible for the bills and give the insurer a reason to dispute your claim — ask for the panel before you choose a doctor, except in an emergency.
  3. Ask for the posted panel of physicians in writing. If your employer has no valid posted panel, or refuses to provide it, you may be entitled to choose your own treating doctor. Keep a copy of the request.
  4. Document the injury and the conditions that caused it. Photograph the equipment, work area, and any hazard. Note who witnessed the incident and what you reported, to whom, and when. Keep copies of every form you sign.
  5. File your claim before the deadline. Reporting the injury to your employer is not the same as filing a claim. File with the S.C. Workers' Compensation Commission (Form 50) — 2 years from the date of injury (S.C. Code § 42-15-40).
  6. Do not give a recorded statement without advice. The insurance adjuster works for your employer's carrier, not for you. You are generally not required to give a recorded statement before speaking with an attorney.
  7. Ask whether you also have a third-party claim. Workers' compensation does not pay for pain and suffering. If someone other than your employer contributed to the injury — a negligent driver, a contractor on site, or a defective machine's manufacturer — a separate claim may recover damages comp cannot. Roden Law offers free consultations.

Proving Your Port Worker Injury Case

Workers' compensation is a no-fault system. You do not have to prove your employer did anything wrong — you have to show the injury arose out of and in the course of your employment, and that you met the notice and filing deadlines.

01

Covered Employment

You were an employee of a business required to carry workers' compensation coverage. Independent contractors are treated differently, and misclassification is common.

02

Arising Out of Employment

The injury was connected to what your job required you to do — a sudden accident, or a condition that developed over time such as repetitive stress or occupational disease.

03

In the Course of Employment

The injury happened while you were working or doing something reasonably incidental to your work. Disputes here often decide the claim.

04

Timely Notice and Filing

You reported the injury to your employer within the statutory notice period and filed with the state board before the deadline. Both are strict, and both are separate steps.

Compensation Available in Port Worker Injury Cases

Workers' compensation pays a defined set of statutory benefits. It does not pay for pain and suffering, and the wage benefits are capped by statute — which is why a separate third-party claim matters when someone other than your employer contributed to the injury.

Workers' Compensation Benefits

  • 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

Only Through a Third-Party Claim

  • 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

These are unavailable through workers' compensation. They require a claim against a party other than your employer.

Filing Deadlines for Port Worker Injury Claims

Workers' compensation runs on its own deadlines, separate from the personal injury statute of limitations. You must also report the injury to your employer well before the filing deadline — that notice period is much shorter. In South Carolina, you have 2 years (S.C. Code § 42-15-40). Missing this deadline permanently bars your claim.

🌙 South Carolina Filing Deadline 2 Years S.C. Code § 42-15-40 Notify your employer within 90 days of the injury (S.C. Code § 42-15-20)

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 the Accident Was My Fault?

Workers' compensation is a no-fault system. Carelessness on your part does not reduce your benefits and does not bar the claim — you do not have to prove anyone was negligent, and your employer does not get to argue you were. Benefits can be denied in narrow circumstances, such as an injury caused by intoxication or by a wilful attempt to injure yourself or someone else, but ordinary mistakes on the job are not among them.

Fault does matter in one place: a third-party claim against someone other than your employer. There, the ordinary comparative-fault rules apply and your share of responsibility can reduce what you recover — another reason to have those claims evaluated early.

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Roden Law Port Worker Injury Lawyers Results at a Glance

$300M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating across 170+ 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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Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Graeham C. Gillin, Partner, COO at Roden Law

Graeham C. Gillin

Partner, COO South Carolina Bar Association

Frequently Asked Questions

Contact Our Port Worker Injury Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.