Shipyard Accident Lawyers

Federal Jurisdiction Under the LHWCA

Unlike most workplace injuries — which are governed by state workers' compensation laws — shipyard injuries typically fall under the federal Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. § 901 et seq. The LHWCA covers workers engaged in maritime employment on the navigable waters of the US or on adjoining areas — including piers, wharves, drydocks, and shipyards. LHWCA benefits include medical treatment, compensation for temporary total disability at two-thirds of the average weekly wage (subject to national maximums), and permanent disability compensation calculated on a different schedule than most state systems. Claims are administered by the Department of Labor's Office of Workers' Compensation Programs.

Common Shipyard Accidents and Their Causes

• Falls from scaffolding, staging, and elevated work platforms aboard vessels
• Crane and rigging failures — wire rope failures, rigging attachment failures, overloads
• Welding fume injuries — manganism, metal fume fever, respiratory disease
• Confined space accidents in voids, tanks, and bilge spaces
• Asbestos exposure during removal of historic insulation
• Electrocution from unprotected electrical systems aboard vessels
• Struck-by injuries from moving vessel components and ship blocks
• Chemical burns from paint strippers, solvents, and cleaning compounds

Vessel Owner Liability Under LHWCA § 905(b)

Section 905(b) of the LHWCA creates a significant civil litigation pathway for injured shipyard workers. When a shipyard worker is injured aboard a vessel — or on gear or equipment belonging to a vessel — they may bring a civil negligence lawsuit against the vessel owner even while receiving LHWCA workers' compensation from their employer. The vessel owner's duties recognized in the landmark case Scindia Steam Navigation Co. v. De Los Santos, 451 U.S. 156 (1981) include the "turnover duty" (delivering the vessel in a safe condition), the "active control" duty (exercising reasonable care over areas under the owner's active control), and the "intervention duty" (warning workers of known hazards).

Establishing vessel owner liability requires careful analysis of which party had operational control over the area where the injury occurred, what the vessel owner knew about the hazard, and whether the shipyard or the vessel owner was responsible for the particular condition that caused injury. These are technically complex legal determinations that require attorneys with specialized maritime law expertise.

Asbestos Exposure at Shipyards — Mesothelioma and Asbestosis

Shipyards were among the heaviest users of asbestos-containing materials in the mid-20th century. Asbestos insulation was applied to boilers, pipes, engine rooms, and bulkheads throughout naval and commercial vessels. Workers who cut, applied, or removed this insulation — including insulators, pipefitters, boilermakers, and general laborers — inhaled asbestos fibers that can cause malignant mesothelioma, asbestosis, and lung cancer 20 to 50 years after initial exposure. Dozens of manufacturers of asbestos-containing insulation products have been held liable in civil litigation, and claims may be brought against both current manufacturers and, through established asbestos bankruptcy trusts, against companies that no longer exist as solvent entities.

Welding Fume Exposure Claims

Shipyard welders perform extensive work in confined and poorly ventilated spaces including ship tanks, voids, and below-deck areas. Welding on steel, stainless steel, and coated surfaces generates metal fumes containing manganese, chromium, nickel, and other metals with known toxic effects. Chronic manganese exposure from welding fumes has been linked to a Parkinson's-like neurological condition called manganism. Respiratory disease from welding fume inhalation — including pulmonary fibrosis and lung cancer from stainless steel welding fumes containing hexavalent chromium — may support occupational disease claims against employer and equipment manufacturers where adequate ventilation and respiratory protection were not provided.

See also: industrial disease claims, falls from heights, and third-party workplace injury claims.