What is a Longshoreman?

Workers who load and unload the ship's cargo and are employed by stevedoring companies, longshoremen or harbor worker unions, or who are employed by such companies other than the ship's owners are generally considered "longshoremen" or "harbor workers."

Longshoremen are covered by the Longshore and Harbor Workers' Compensation Act (LHWCA). They are entitled to a form of federal workers' compensation benefits for on-the-job injuries or death. Longshoremen are entitled to collect benefits if they were injured in the course of their employment regardless of fault.

Longshoremen are not entitled to bring Jones Act or General Maritime Law claims against their employer. The U.S. Supreme Court has made it very clear that an injured worker cannot be a Longshoremen and a Jones Act seaman at the same time. The two laws, and the money compensation they allow, are mutually exclusive.

Although a Longshoremen cannot sue his employer, he may be able to sue the shipowner for negligence. Shipowners have a duty to ensure that the ship's equipment, tools, work spaces and other areas are safe from dangers. Shipowners must warn longshoremen/stevedores of any dangerous conditions on their ships. If the shipowner fails to warn a longshormen/stevedore of a dangerous condition and the longshoremen/stevedore is hurt as a result, the shipowner may be responsible for the longshoreman's damages. See, for example, Scindia Steam Navigation Co. v. De Los Santos (1981) 451 US 156, 68 L.Ed 2d 1, 101S Ct 1614).

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