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Shipyard Accident Lawyers

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Shipyard workers are covered by the federal Longshore and Harbor Workers' Compensation Act (LHWCA), not state workers' comp. Section 905(b) allows civil suits against vessel owners. Historic asbestos exposure continues to cause mesothelioma claims decades after initial exposure at naval and commercial shipyards.

The Longshore and Harbor Workers' Compensation Act (LHWCA) covers approximately 500,000 maritime and shipyard workers. LHWCA maximum compensation rates are indexed annually and are typically higher than many state workers' compensation programs. US Department of Labor — Office of Workers' Compensation Programs, LHWCA

Shipyard workers — including ship builders, ship repairers, welders, pipefitters, riggers, and painters — operate in one of the most hazardous industrial environments in the United States. Federal jurisdiction under the Longshore and Harbor Workers' Compensation Act (LHWCA) governs most shipyard injury claims, and Section 905(b) of the LHWCA allows civil claims against vessel owners. Asbestos exposure from historic shipbuilding continues to cause mesothelioma and asbestosis decades after initial exposure. Major shipyard states include Virginia, Mississippi, Louisiana, California, and Washington.

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Reviewed by Gerald Lee Cross Jr, Managing Partner · Cross & York LLP

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.

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Legal Notice: The information on this page is for general information only and is not legal advice. Every case is different. Prior results do not guarantee a similar outcome. Laws vary by state and individual circumstances affect all legal claims. Contacting this firm does not create an attorney-client relationship. This content may be considered attorney advertising.

Who May Be Legally Responsible?

In industrial accident cases, legal responsibility may extend beyond the immediate employer. Other companies, contractors, or manufacturers may have contributed to the conditions that caused the injury.

Equipment manufacturers

Where defective machinery, tools, or safety equipment contributed to the injury

Maintenance contractors

Where poor maintenance of machinery or the worksite created dangerous conditions

Site owners and premises operators

Where the condition of the premises contributed to the accident

General contractors

Where a general contractor had responsibility for site safety

Subcontractors

Where a subcontractor's work or conduct contributed to the incident

Trucking and logistics companies

Where industrial vehicle operators or their employers were involved

Chemical suppliers

Where a supplier provided inadequately labelled or unsafe chemicals

Safety contractors

Where a company responsible for safety systems or training failed in its duties

Other negligent third parties

Other companies or individuals whose negligence may have contributed

Whether any of these parties may be legally responsible depends on the specific facts of each case. An attorney can investigate what happened and identify all potentially liable parties.

What a Claim May Cover

Types of Compensation That May Be Available

The types of compensation available depend on the specific facts of each case, the applicable state law, and who is found legally responsible. An attorney can review your situation and explain what may apply.

We do not promise any particular outcome. Every case is different and prior results do not guarantee a similar outcome.

Medical care and treatment costs

Including emergency care, surgery, hospitalisation, and specialist treatment

Lost wages and income

Earnings lost during recovery or absence from work

Reduced earning capacity

Where an injury affects future ability to work or earn at the same level

Pain and suffering

Where available under applicable state law

Future medical care

Ongoing treatment, rehabilitation, and long-term care where required

Disability

Permanent or partial disability damages where applicable

Disfigurement

Where the injury has caused lasting physical disfigurement

Wrongful death damages

Available to qualifying family members where an industrial accident caused death

Frequently Asked Questions

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