Marine terminal work is essential to Alabama’s thriving shipping industry, particularly in hubs like the Port of Mobile. However, these environments are rife with risks, especially slips, trips, and falls. When injuries occur, legal protections under the Long shore and Harbor Workers’ Compensation Act (LHWCA) often come into play, ensuring maritime workers receive the benefits they need during recovery.
Common Causes of Falls in Alabama Marine Terminals
Falls in marine terminals result from a combination of environmental hazards, equipment failures, and human factors. Some of the most frequent causes include:
Wet or Slippery Surfaces
Slippery surfaces are one of the leading causes of falls in marine terminals. The constant exposure to rain, seawater, and condensation creates prime conditions for slips. Spills from transported liquids or oil leaks from machinery further compound the issue. These hazards are particularly pronounced in Alabama, where the humid Gulf Coast climate can leave docks and walkways perpetually damp.
Even when workers are cautious, the fast-paced nature of loading and unloading cargo increases the likelihood of missteps on slick surfaces. A worker moving a heavy load might lose their footing when encountering an unnoticed puddle, resulting in serious injuries such as fractures or concussions. This danger is heightened during inclement weather, where rainfall can turn an already challenging workspace into a treacherous environment.
Uneven or Damaged Dock Surfaces
Marine terminals, particularly older ones, often feature damaged or uneven flooring that poses significant trip hazards. Cracks in concrete, warped metal plates, and loose wooden boards are common in high-traffic areas where heavy cargo and machinery pass daily. These structural issues can cause workers to stumble, especially when they are focused on carrying out their tasks rather than scanning the ground.
At Alabama’s Port of Mobile, the rapid wear and tear of dock infrastructure is a growing concern. Temporary repairs are sometimes made to keep operations running smoothly, but these quick fixes often introduce new hazards, such as unstable or uneven surfaces. Workers navigating these areas while hauling equipment or manoeuvring forklifts face an increased risk of tripping and falling, leading to injuries ranging from sprains to severe spinal damage.
Faulty or Improperly Used Equipment
Falls from heights are another prevalent danger in marine terminals, often linked to faulty or improperly used equipment. Workers climbing ladders, scaffolding, or gangways rely on the stability of these tools to perform their jobs safely. However, worn-out materials, poorly secured structures, or lack of maintenance can cause equipment to fail unexpectedly.
In some cases, improper use of this equipment further exacerbates the risk. For example, a rushed worker might bypass securing their harness or skip safety checks on a gangway, leading to falls that could have been avoided. In Alabama, where marine terminals are constantly bustling with activity, these lapses are not uncommon. Injuries from such falls often include fractures, head trauma, or permanent disabilities.
Obstructed Walkways
Walkways in marine terminals are frequently cluttered with ropes, cables, tools, and debris, creating numerous tripping hazards. During loading and unloading operations, workers often focus on their immediate tasks, such as guiding cargo or operating machinery, leaving little attention to the cluttered paths they navigate.
This problem is particularly acute in busy facilities like Alabama’s Gulf Coast ports, where tight schedules and high cargo volumes leave little time for clearing workspaces. A misplaced coil of rope or an overlooked tool can cause a worker to trip, resulting in falls that might lead to sprains, broken limbs, or more severe injuries.
Poor Lighting Conditions
Many marine terminals operate around the clock, and night shifts or dimly lit areas can obscure potential hazards. Poor lighting makes it difficult for workers to spot slippery surfaces, uneven flooring, or obstacles in their path. This lack of visibility significantly increases the risk of falls, particularly in large facilities where lighting maintenance may be inconsistent.
Alabama’s ports often rely on open-air workspaces where natural light is unavailable during nighttime operations. Workers carrying out tasks in shadowed areas or under malfunctioning lights are more likely to misjudge their footing, trip over unseen hazards, or slip on unnoticed wet patches. These falls can lead to serious injuries, especially when combined with other environmental factors like rain or wind.
Weather-Related Hazards
Alabama’s Gulf Coast is notorious for its unpredictable weather, which adds another layer of risk to marine terminal operations. Sudden rainstorms, high winds, or even morning dew can transform docks and walkways into slippery surfaces within minutes. Additionally, storms can create flooding or pooling water that is difficult to avoid, even for cautious workers.
During severe weather events, such as hurricanes or tropical storms, the chaos of securing cargo and protecting equipment can distract workers from personal safety. Falls during these conditions often result from a combination of haste and hazardous surfaces, leading to injuries that range from mild bruises to catastrophic damage like broken bones or head trauma.
Legal Protections Under the LHWCA
The Longshore and Harbor Workers’ Compensation Act provides federal benefits to maritime workers injured in navigable waters or adjoining areas like docks, wharves, and terminals. This law applies specifically to longshoremen, cargo handlers, and other maritime employees who are not covered by the Jones Act.
Coverage Under the LHWCA
Workers eligible for LHWCA benefits include those engaged in loading, unloading, repairing, or building vessels. The law also extends to maintenance staff and others working in areas essential to maritime operations.
Benefits Available to Injured Workers
- Medical Care
Injured workers are entitled to full coverage for medical treatment related to their injury, including surgeries, rehabilitation, and medications. - Wage Replacement
The LHWCA provides disability payments equal to two-thirds of the worker’s average weekly wage during recovery. - Vocational Rehabilitation
For workers unable to return to their original job, the LHWCA offers vocational training to help transition into new roles. - Survivor Benefits
Families of workers who die from workplace injuries may receive financial compensation.
When State Laws May Apply
While the LHWCA is the primary mechanism for addressing marine terminal injuries, there are cases where state workers’ compensation laws apply concurrently. For example, if part of the worker’s duties occur outside the coverage area of the LHWCA, state laws may complement federal benefits. A maritime attorney can help determine which laws apply to your situation and maximize your compensation.
Exceptions and Third-Party Liability
Under the LHWCA, workers cannot sue their employers for negligence. However, there are exceptions, such as when an employer fails to secure compensation insurance. Additionally, third parties like subcontractors or equipment manufacturers may share liability if their negligence contributed to the injury. Identifying and pursuing claims against these parties can increase the overall compensation available to the injured worker.
Protecting Workers in Alabama’s Marine Terminals
Improving safety in marine terminals requires a collaborative effort between employers and employees. Employers should conduct regular inspections, maintain proper safety equipment, and implement comprehensive training programs. Workers must remain vigilant, use protective gear, and report hazards immediately.
With Alabama’s thriving maritime industry, prioritizing safety can prevent accidents and save lives. When falls do occur, understanding your legal protections under the LHWCA is vital to securing the benefits you need.
Fuquay Law Firm has extensive experience helping injured workers in Alabama’s marine terminals navigate the complexities of the LHWCA. If you or a loved one has been injured, contact our team for a free consultation to explore your legal options and fight for the compensation you deserve.
