What Is a Port Worker Injury 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 port worker injury

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Port Worker Injury Case

To win a personal injury case involving a port worker 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 Port Worker Injury Cases

Victims of a port worker 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 Port Worker Injury Cases

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

🌙 South Carolina Filing Deadline 3 Years 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?

🌙 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
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Roden Law Port Worker Injury Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
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 April 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
Verdict $10,860,000 $10,860,000 Verdict | Product Liability
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.