Longshore Claims that May be Jones Act Claims

Longshore Harbor Workers' compensation Act (LHWCA), Section 905(b), allows a maritime worker covered by the Longshore Harbor Worker Compensation Act to pursue a claim against a vessel for injuries caused by negligence on the part of the vessel, owner, agent, operator, charter, master, officer, or crewmember. 

Section 905 (b) provides that in the event of injury to a person covered under this chapter caused by the negligence of a vessel, and 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. 

Individuals working for contractors providing offshore services whose assignments take them onto a variety of vessels not under common ownership do not qualify as seamen because they lack the substantial connection to a vessel or fleet of vessels.  These individuals are often covered under the Longshore Harbor Worker Compensation Act and are entitled to receive weekly compensation and medical benefits.  The Longshore Harbor Worker Compensation Act (LHWCA) serves as the exclusive remedy of a longshoreman or harbor worker against their employer regardless of fault or negligence.  However, if the worker is injured due to an unsafe condition on a vessel or due to negligence, the worker may bring an action under Section 905(b) of the Longshore Harbor Worker Compensation Act.   

Section 905(c) outlines an exception to the prohibition against indemnity agreements between Longshore Harbor Worker Compensation Act employers and vessels.  It does not void certain indemnity contracts between Longshore Harbor Worker Compensation Act employers and vessels operating on the Outer Continental Shelf

Section 905(c) provision applies to employers whose employees are entitled to benefits under the Longshore Harbor Worker Compensation Act pursuant to the Outer Continental Shelf Lands Act (“OCSLA”).  The provision is a reciprocal indemnity provision of a knock for knock agreement.  Basically in this case, the employer and the vessel owner each agree to pay for claims against the other brought by their respective workers.   

In addition to the 905(b) negligence claim against vessels for injuries sustained by workers covered under the Longshore Harbor Worker Compensation Act, the injured worker may also bring a claim against a responsible non-vessel third party in tort for damages arising from the injury.  However, in the case of non-vessel owners, injured workers may run into situations where the Longshore Harbor Worker Compensation Act employer has contractually agreed to indemnify the non-vessel party for any claims asserted by a maritime worker.