Texas Dock & Port Worker Injury Lawyer

Texas has three of the busiest ports in the United States — Houston, Corpus Christi, and Beaumont-Port Arthur — and tens of thousands of dock workers, longshoremen, crane operators, container handlers, and terminal employees keep them running. Dock work is extraordinarily dangerous: massive crane loads swinging overhead, container stacks that can collapse, slippery and uneven surfaces, truck traffic, heavy lashing gear, and the constant risk of being struck by cargo, vehicles, or the vessel itself. A Texas dock worker injury lawyer at McFarlane Law handles LHWCA benefits claims and Section 905(b) vessel negligence lawsuits that together produce the fullest possible recovery.

Common Dock and Port Worker Injuries in Texas

Crane and container injuries — struck-by events from swinging loads, dropped containers, and lashing gear failures — are among the most catastrophic. Slip-and-fall injuries occur on oily, wet, or icy pier surfaces and on vessel decks during loading. Forklift and top-pick tractor injuries crush and run over ground workers moving between stacks. Truck and trailer injuries involve intermodal chassis strikes in the yard. Lashing and securing injuries affect workers manually tightening chains, binders, and rods. Struck-by-vessel injuries happen when vessels are berthed or shifted while workers are on the pier or aboard the gangway. Eye and respiratory injuries involve cargo dust, fumigants, and chemical cargo. The LHWCA covers all of these under the right situs and status conditions.

LHWCA Benefits: Your Federal Workers’ Comp Rights

The Longshore and Harbor Workers’ Compensation Act provides federal workers’ comp benefits to covered Texas dock workers. Medical treatment is paid in full, with the worker choosing the physician. Temporary total disability is paid at 66 2/3% of average weekly wage up to a federal cap. Permanent partial disability is paid as a scheduled award for specific body parts (arm, leg, hand, etc.) or as continuing compensation for unscheduled losses like back injuries. Permanent total disability is paid for life. Death benefits support surviving spouses and dependents. McFarlane Law’s LHWCA practice includes representation before OWCP, ALJs, the Benefits Review Board, and federal circuit courts when necessary — and our fees are paid by the employer when we win, so clients pay nothing out of pocket.

Section 905(b) Vessel Negligence: The Bigger Recovery

Section 905(b) of the LHWCA is the key to meaningful recovery in most Texas dock worker cases. It allows an injured LHWCA-covered worker to sue a vessel in civil court for the vessel’s negligence, independent of the employer’s LHWCA liability. Vessel duties are spelled out in Scindia v. Santa Fe International and its progeny: turnover duty (to deliver the vessel in a reasonably safe condition to stevedores), active-control duty (for conditions the vessel crew retain control over), and intervention duty (for obvious hazards that arise during cargo operations). When a vessel violates these duties — leaving unsafe ladders, failing to maintain cargo gear, neglecting to sound alarms — the dock worker’s recovery expands dramatically. Full Texas-style personal injury damages become available: pain, mental anguish, impairment, full lost wages, and more.

Coordinating LHWCA and 905(b) Claims

Coordinating the LHWCA benefits claim with the 905(b) vessel-negligence lawsuit is technical and strategic. The LHWCA carrier has a subrogation lien on any 905(b) recovery, but that lien is calculated differently from a Texas workers’ comp lien and can often be negotiated down. Medical evidence developed in the LHWCA case feeds the damages model in the 905(b) case. Discovery taken in the civil case can reveal additional coverage issues in the LHWCA case. Timing of MMI, return-to-work decisions, and settlement all affect both tracks. McFarlane Law manages both tracks from day one to ensure the client’s total recovery — LHWCA benefits plus 905(b) damages, net of subrogation — is maximized.

Related Practice Areas

Related: Texas LHWCA lawyer, Texas vessel collision injury lawyer, Texas heavy equipment accident lawyer, Texas forklift accident lawyer. Hub: Texas maritime injury lawyer.

Talk to a Texas Injury Lawyer Today

If you were injured working on a Texas dock or pier, call McFarlane Law for a free evaluation of your LHWCA benefits and Section 905(b) vessel claim. Austin (512) 222-4900, Odessa (432) 803-5000.