Section 905(b) Vessel Negligence Claims for Longshore Workers
Longshore workers who get hurt on or beside a vessel do not always stop at compensation benefits. Section 905(b) of the Longshore and Harbor Workers’ Compensation Act lets many of them sue the vessel for negligence. As a result, a dock, terminal, or ship-repair injury can follow two tracks at once.
The first track is the LHWCA claim against the employer or its insurer. It pays scheduled benefits, including medical care and a portion of lost wages. It does not work like a typical jury case against the employer. Therefore, the worker cannot usually turn that employer claim into a full negligence lawsuit.
The second track is different. Section 905(b) keeps a negligence claim against the vessel. The defendant is often the shipowner or the company that operated the vessel, not the worker’s own employer. A mutual Like is not required here. The worker must show that vessel negligence helped cause the injury. If that proof holds, damages can go beyond the scheduled benefits.
Courts usually sort vessel duties into three groups, drawn from the Scindia case. First, the turnover duty: the vessel should turn over the ship and equipment in a reasonably safe condition and warn of hidden hazards it knows about. Second, the active-control duty: if the vessel crew controls the area or the gear during the work, it must use reasonable care. Third, the duty to intervene: if the vessel learns of a danger in the stevedore’s work and the stevedore is not fixing it, the vessel may need to step in. These duties do not make the shipowner the insurer of every dock accident.
Common facts in these cases include a faulty gangway, a missing guard, poor lighting, a defective winch, or an open hatch the vessel controlled. A Houston Ship Channel injury can fit this pattern when the worker is a longshoreman, terminal worker, or ship repairer rather than a crew member. Status still matters. A seaman who spends a large share of time on a vessel in navigation may have a Jones Act claim instead. A fixed-platform contractor may fall under a different law. Therefore, the job and the worksite decide whether 905(b) applies.
Evidence decides the result. Vessel logs, job safety analyses, permits, photos, and witness names often matter more than a later statement. In addition, deadlines can be short, and early reports often sit with the employer or the vessel. A worker should keep an independent record and get a case review before those dates pass.
The practical split is simple. LHWCA benefits cover the employer track. Section 905(b) is the separate vessel-negligence track. One does not automatically replace the other.
Disclaimer: This article explains general U.S. maritime rules for information only. It is not legal advice and does not predict the outcome of any claim. Deadlines and duties depend on the facts. Readers should consult a qualified maritime attorney before they act.