New Orleans Longshore and Harbor Worker Injury Lawyers

For more than two centuries, the Port of New Orleans has been one of the busiest and most strategically vital ports in America.

Sitting at the mouth of the Mississippi River, Port NOLA is a critical artery for goods moving to and from other states. Behind that flow of commerce is a workforce of longshoremen, harbor workers, ship repairers, crane operators, and marine construction workers who show up every day to do physically demanding, dangerous work.

When one of these workers gets hurt, the path to compensation involves federal law: the Longshore and Harbor Workers’ Compensation Act. Insurance companies that defend against LHWCA claims are experienced and motivated to pay as little as possible. Injured workers deserve an attorney in their corner who is prepared to fight back.

At Douglas & London, our New Orleans injury lawyers represent injured maritime workers and their families throughout the Gulf Coast. Contact us today for a free consultation.

Where New Orleans Longshore and Harbor Workers Are Most at Risk

Approximately one in five jobs in Louisiana is connected to the maritime industry, resulting in employment income of more than $3.5 billion every year. One major hub is Port NOLA, which is the only international container port in Louisiana.

Its facilities stretch along the Mississippi River and the Inner Harbor, where workers operate heavy machinery, handle significant elevation changes, move cargo, and work with vessels that can weigh tens of thousands of tons.

Some of the busiest and most hazardous worksites in the port include:

Napoleon Avenue Container Terminal
Nashville Avenue Terminal
Milan Street Terminal
Mississippi River Intermodal Terminal
Jourdan Road Terminal
Henry Clay Avenue Refrigerated Terminal
Various breakbulk and heavy-lift terminals
Various shipyards and marine repair facilities

The Federal Law That Protects You

The Longshore and Harbor Workers’ Compensation Act was passed by Congress in 1927 after the Supreme Court ruled that states’ workers’ compensation protections didn’t extend to maritime workers injured over navigable waters.

The LHWCA was a new federal program built to fill the gap, covering the longshoremen, harbor workers, shipbuilders, ship repairers, and related maritime workers who fall outside the reach of both state workers’ comp and the Jones Act.

The LHWCA operates as a no-fault system. That means a covered worker who is injured on the job is entitled to benefits regardless of who was responsible for the accident. Those benefits include:

Medical Benefits: All reasonable and necessary medical care is covered in full, including emergency treatment, surgeries, hospitalizations, prescription medications, physical therapy, prosthetics, and any other services needed for recovery.
Disability Compensation: Wage replacement benefits may be temporary or permanent, total or partial. In most situations, the benefit equals two-thirds of the worker’s average weekly wage, and the LHWCA also accounts for reduced future earning capacity in cases of lasting impairment.
Vocational Rehabilitation: Workers whose injuries prevent them from returning to their prior occupation may be entitled to job retraining, skills assessments, career counseling, and placement assistance.
Death Benefits: When a covered worker dies from a job-related injury, the LHWCA provides ongoing compensation to eligible dependents, along with a funeral and burial allowance.

Do You Qualify?

Not every worker near the water qualifies for LHWCA coverage—eligibility depends on meeting both of the following criteria:

The Status Test looks at what you do. Your job must involve maritime employment: loading or unloading vessels, repairing or building ships, operating cargo-handling equipment, maintaining terminal facilities, or performing other work that is an essential part of maritime operations.

Common covered roles include longshoremen, stevedores, crane operators, forklift and yard truck drivers, shipfitters, welders at docks or shipyards, harbor construction workers, and ship repairers.

The Situs Test looks at where you were when you were hurt. The injury must have occurred on navigable waters or in an adjoining area customarily used for maritime operations—piers, wharves, terminals, dry docks, shipyards, marine railways, and similar facilities.

Workers who generally fall outside LHWCA coverage include vessel crew members (who are typically covered by the Jones Act instead), federal and state government employees, and those whose work is entirely clerical or administrative. If you’re unsure whether you qualify, the attorneys at Douglas & London can help during a free consultation.

Common Causes of Injury at Port NOLA

Dock and harbor work often involves a high risk of injury. Frequent causes of serious injuries at New Orleans maritime facilities include:

Crane accidents: equipment malfunctions, falls from crane structures, and workers being struck by suspended or swinging loads
Struck-by incidents: forklifts, reach stackers, yard trucks, and other terminal vehicles
Falls from heights: piers, gangways, vessel holds, and cargo platforms
Caught-in or caught-between accidents: machinery, hatches, lashing equipment, and rigging
Slips and falls: surfaces made hazardous by oil, water, cargo debris, or inadequate lighting
Exposure to hazardous substances: chemicals, asbestos in older vessels, and materials found in breakbulk and refrigerated cargo
Repetitive stress and overexertion injuries: stemming from the sustained physical demands of cargo handling
Equipment failures: caused by poor maintenance, defective gear, or inadequate safety protocols
Accidents during vessel loading, unloading, or repair operations

What to Know About Section 905(b) and Third-Party Claims

Because the LHWCA is a no-fault system, an injured worker’s employer is generally shielded from direct lawsuits. But that protection doesn’t extend to every party who may have contributed to an accident. Under Section 905(b) of the Act, an injured longshore or harbor worker can bring a separate negligence claim against a negligent vessel owner.

Vessel owners have three legal duties to longshore workers:

Turnover Duty: Delivering a vessel in a reasonably safe condition
Active Control Duty: Exercising reasonable care during operations, in areas under the vessel owner’s active control
The Duty to Intervene: Correcting known hazards

A breach of any of these duties can form the basis of a 905(b) claim. Unlike LHWCA benefits, a successful third-party lawsuit can include compensation for pain and suffering.

This avenue for recovery is frequently overlooked by injured workers who aren’t aware it exists. However, it requires an attorney with serious maritime experience to pursue it effectively.

Act Fast to Preserve Evidence and Meet Deadlines

The LHWCA imposes firm procedural deadlines, and missing them can permanently affect your ability to collect benefits:

Notice to Your Employer: Within 30 days of your injury, or within 30 days of first learning that a medical condition is related to your work, you must give your employer written notice using OWCP Form LS-201.
Filing Your Claim: A formal compensation claim (Form LS-203) must be submitted to the U.S. Department of Labor’s Office of Workers’ Compensation Programs within one year of the injury or the date of your last compensation payment.
Death Benefit Claims: Surviving family members have one year from the date of the worker’s death to file a claim for death benefits.

Time matters for preserving evidence as well. Security footage at port facilities is often overwritten within days. Witness recollections fade. And equipment inspection records and maintenance logs can become harder to obtain the longer you wait.

Contact Douglas & London Today

A serious injury on the docks or in a New Orleans shipyard can upend every part of your life. You shouldn’t have to fight a federal insurance process alone while you’re trying to recover. At Douglas & London, we regularly handle LHWCA claims and stand ready to fight for your rights.