U.S. Navy Ship Accidents
Naval shipyards are dangerous. A study a few years ago concluded that working in San Diego shipyards was more dangerous and more fatal than being a police officer. When you work in a Navy shipyard, there is danger everywhere. This article is by the leading San Diego Naval Shipyard Lawyer - San Diego’s only Shipyard Super Lawyer.
If you or a loved one are seriously injured in a Naval Shipyard accident - you are probably concerned about you and your family’s future. San Diego Navy Shipyard fall under the Longshore and Harbor Workers’ Compensation Act. Or the LHWCA or Longshore Act.
As a shipyard worker you are a Harbor Worker. Injuries aboard U.S. Navy Ships fall under the Longshore Act. Generally, if you are seriously injured aboard a Navy ship - the Longshore benefits are much more than State of California workers’ compensation benefits. However, you are entitled to both Longshore benefits and California workers’ compensation benefits - this is called concurrent jurisdiction.
905(b) Vessel Owner Negligence
Under the Longshore Act, you can sue the U.S. Navy in a civil lawsuit in U.S. Federal District Court if you are injured on a Navy vessel and the injury was caused by the Navy vessel. For example, if there is worn non-skid on a Navy vessel ladder and you slip and fall down the ladder - you can sue the Navy and recover - potentially more money than you can recover under the Longshore case.
For example, you can recover pain and suffering damages under the 905(b) Vessel Owner Negligence owner negligence case. Under the Longshore Act, you can not recover money for pain and suffering.
Third Party Liability
If you are injured on a Navy vessel and the cause of your injury was a general contractor - for example - NASSCO / General Dynamics or BAE - San Diego and you worked for a sub-contractor you can sue the general contractor and recover pain and suffering damages. Or if you work for a general contractor or a sub-contractor and you are injured by another sub-contractor - you can file a third party lawsuit to recover pain and suffering damages.
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Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation.