
Bill Turley has been handling Longshore Act claims in San Diego since 1986. Bill teaches lawyers the law. Here, he explains Longshore Act Third Party Claims.
SAN DIEGO LONGSHORE ACT ATTORNEY ON THE LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT (LHWCA)
The LHWCA compensates employees for injuries occurring on navigable waters of the United States, which includes any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling, or building a vessel. 33 U.S.C.A. § 903(a). For those employees eligible to receive the benefits under the Act, the LHWCA benefits represent the injured workers’ exclusive remedy against the employer. Id. at § 905(a).
THIRD PARTY CASES
The Act does not, however, preclude a worker from bringing a suit against a third party, meaning one who is not the employer, who negligently caused his injury. Id. at § 905(a). Third party Longhshore Act cases are expressly allowed.
VESSEL OWNER NEGLIGENCE CASES
The Longshore Act does not preclude lawsuits against the vessel. Id , at 905(b).
Section 905 (b) provides that in the event of injury to a person covered under this chapter caused by the negligence of a vessel, then such person may bring an action against such vessel as a third party. The employer shall not be liable to the vessel for such damages directly or indirectly and any agreements or warranties to the contrary shall be void.
If you have a LHWCA injury in San Diego, make sure you hire a seasonded Longshore Act attorney. We don't try and suggest that we are the only good San Diego L&H Attorneys. If you can't find one, and you are not a good fit for our law firm, we will help you find a good honest Longshore Act Lawyer in San Diego for your LHWCA case.
Do not have a State of California workers compensation lawyer handle your case.
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626 Broadway, Suite 625
San Diego, CA 92101
Phone: (619) 234-2833
Fax: (619) 234-4048
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The San Diego, California personal injury law firm of The Turley Law Firm serves clients across Southern California area. We give you straight talk about your legal options. We have handled cases from San Diego to Imperial Beach to Oceanside to Escondido to El Cajon, everywhere in between, such as: Alpine, Camp Pendleton, Cardiff, Carlsbad, Chula Vista, Coronado, Del Mar, Eastlake, Encinitas, La Mesa, La Costa, La Jolla, Lakeside, Lemon Grove, Mission Bay, NAS San Diego, National City, Naval Station San Diego, North Island, North County, Pacific Beach, Point Loma, Port of San Diego, Poway, Ramona, Rancho Bernardo, Rancho Santa Fe, San Marcos, San Diego Harbor, Santee, Solana Beach, South Bay, Spring Valley, Vista.
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The Turley Law Firm, APLC
625 Broadway, Suite 625
San Diego, CA 92101
Phone: 619-234-2833
Fax: 619-234-4048
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