In a third party situation, if the vessel was negligent and somehow responsible for all or part of your injury, you may make this type of claim. These types of claims are similar to negligence tort claims and are a lawsuit filed in court. The exception to this general rule for the Longshore and Harbor Workers Compensation Act, and, by extension, the Defense Base Act is found in the Section 905 b claim of the Act and sets out specifics for these types of claims. For the most part, this works to keep the wheels of businesses turning smoothly. It is a type of no-fault system if you are injured on the job, you are compensated. These programs were put in place so that employers would be shielded from defending continuous lawsuits and the employees would be compensated for the injury. It will provide you with medical care for the injuries and some compensation for lost wages. Generally, when you have been injured on the job, the workers compensation program that is in place is the only recourse you have for obtaining compensation for those injuries. There are exceptions to the general rule about this Act being your exclusive right to any recovery. The same is true with the Longshore & Harbor Workers Compensation Act. The exceptions exist to ensure fairness and so that individual or unusual circumstances do not preclude recovery. It’s fairly safe to say that in any area of law there are rules of law, and there are exceptions to those rules.
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