A port worker suffered serious injuries when a crane collapsed on a ship at DP World Southampton in the UK.

The crane was being used for loading of containers onto a vessel when the boom collapsed, causing the crane to topple over without warning. The operator of the crane suffered severe crushing injuries to his legs, a shattered pelvis, and a perforated lung.

A Health and Safety Executive is seeking more information on all types of Morris cranes, the brand used in the accident, so they can be checked for safety issues. Users of Morris-made cranes have been asked to conduct safety tests.

This accident was the second serious accident involving a crane at the terminal. Worker’s unions have expressed their concerns about safety. In January 2008, there was a similar crane collapse at DP World. Port officials at Southampton have denied any connection between the two accidents.

Longshore and Harbor Workers Compensation Act

In the U.S., port workers, including crane and forklift operators, harbor workers involved in loading and unloading activities, and other workers, are not considered Jones Act seamen. These workers fall under a separate body of maritime laws, called the Longshore and Harbor Workers Compensation Act. The LHWCA protects workers from losses incurred as a result of injuries and occupational diseases.

The LHWCA covers workers who do not qualify as Jones Act seamen and are not eligible for benefits under the Workers Compensation Act either. Often, the type of worker covered under the LHWCA works on navigable waters and may be involved in activities like vessel repairs and maintenance, loading and unloading activities, and crane operations. As with the Workers Compensation Act, the LHWCA does not require an injured worker to prove employer negligence to claim compensation.

Compensation can include payments for medical expenses and rehabilitation costs. However, in order to claim benefits, a worker must notify the employer within 30 days after the injury occurs and a formal claim for LHWCA benefits must be filed within one year from the date of injury. Families of longshore and harbor workers who die from injuries sustained on the job can also be eligible for wrongful death benefits.

The maritime lawyers at Arnold & Itkin LLP represent port, harbor, and longshore workers in injury litigation.