Longshore Claim Attorneys

Longshore Claims & Subcontracting & Staffing Agencies

The modern maritime industry relies heavily on complex employment arrangements involving subcontractors, staffing agencies, and labor brokers. While these arrangements offer flexibility for employers, they create significant complications for workers who suffer injuries on the job. Determining who bears responsibility for Longshore Act benefits when multiple companies are involved in a worker’s employment can be challenging – but injured workers still have rights regardless of how their employment is structured.

The skilled and experienced longshore attorneys at the Los Angeles area law firm of Cantrell Green have spent more than forty years helping maritime workers sort through complicated employment relationships to secure the benefits they deserve. They understand how subcontracting and staffing agency arrangements affect longshore claims and know how to identify all responsible parties when an injury occurs.

Workers placed at maritime facilities through staffing agencies or employed by subcontractors performing port work should not assume their employment arrangement limits their rights. The Longshore and Harbor Workers’ Compensation Act contains provisions specifically designed to ensure that injured workers receive benefits even when their employment situation is complex.

Understanding the Longshore Borrowing Employer Doctrine

When a staffing agency places a worker at a maritime facility, the legal question of who qualifies as the employer becomes complicated. The Longshore Act recognizes the concept of a borrowing employer – a company that borrows workers from another entity and directs their day-to-day activities. Under this doctrine, both the staffing agency and the company where the worker actually performs their duties may have obligations under the Act.

Courts apply a multi-factor test to determine borrowing employer status, examining who controls the worker’s activities, who pays wages, who provides equipment, and who has the power to hire and fire. The analysis focuses on the practical realities of the employment relationship rather than the labels companies apply to their arrangements.

The skilled and experienced longshore attorneys at the Los Angeles area law firm of Cantrell Green carefully analyze the employment relationships in every case involving staffing agencies or subcontractors. They gather evidence about how work was actually directed and controlled to identify all parties who may bear responsibility for their client’s benefits.

Contractor & Subcontractor Liability Under the Longshore Act

The Longshore Act includes specific provisions addressing contractor liability. Under 33 U.S.C. Section 904, a contractor is responsible for securing compensation for its employees. However, Section 904(a) also imposes liability on the principal contractor – the company that hired the subcontractor – if the subcontractor fails to secure proper coverage.

This means that workers employed by subcontractors have multiple potential sources of recovery. If their direct employer fails to maintain proper longshore insurance, the general contractor who hired that subcontractor may be held responsible. This protection prevents companies from avoiding their obligations by hiring uninsured subcontractors to perform dangerous work.

The longshore attorneys at Cantrell Green in the Los Angeles area investigate the contractual relationships between all companies involved in their clients’ employment. When a subcontractor lacks adequate coverage, they pursue claims against principal contractors and any other parties who may bear statutory responsibility for benefits.

How Staffing Agencies Complicate Longshore Benefit Claims

Staffing agencies present particular challenges in longshore claims because workers often have limited contact with the agency itself. The staffing company may handle payroll and nominal employment matters while the maritime facility controls all aspects of the actual work. When injuries occur, workers may receive conflicting information about where to report their claims and who will provide benefits.

Insurance coverage disputes frequently arise in staffing situations. The staffing agency may carry workers’ compensation insurance, but questions arise about whether that coverage extends to longshore work or whether the maritime facility should provide coverage under its own longshore policy. These disputes can delay benefits while companies argue about responsibility.

The skilled and experienced longshore attorneys at the Los Angeles area law firm of Cantrell Green cut through these disputes by filing claims against all potentially responsible parties simultaneously. They ensure their clients receive benefits promptly while the companies sort out their internal liability questions, rather than allowing workers to go without compensation during lengthy coverage disputes.

The Special Fund & Longshore Uninsured Employer Situations

When employers fail to secure proper longshore insurance, the Longshore Act provides a safety net through the Special Fund established under Section 944. This fund can pay benefits to workers whose employers lack coverage, ensuring that injured maritime workers do not go without compensation due to their employer’s failure to comply with insurance requirements.

Workers employed through informal arrangements, cash payments, or companies that simply ignore their insurance obligations can still receive benefits through the Special Fund. The fund then pursues reimbursement from the non-compliant employer, including penalties for failing to maintain required coverage.

The longshore attorneys at Cantrell Green in the Los Angeles area know how to access Special Fund benefits when their clients’ employers lack proper coverage. They also pursue additional remedies against non-compliant employers, including civil penalties that can significantly increase the total recovery available to injured workers.

Joint Employment & Shared Liability in Longshore Cases

Some maritime work arrangements create joint employment situations where multiple companies share employer status. In these cases, both employers may be liable for longshore benefits, giving injured workers additional security and potential sources of recovery. Joint employment typically arises when two or more companies share control over a worker’s activities.

The Department of Labor has issued guidance recognizing that modern employment relationships often involve multiple entities and that workers should not lose protection simply because their employment is structured in nontraditional ways. Courts have generally interpreted the Longshore Act broadly to ensure coverage for maritime workers regardless of the complexity of their employment arrangements.

The skilled and experienced longshore attorneys at the Los Angeles area law firm of Cantrell Green analyze all aspects of their clients’ work situations to identify joint employment relationships. When multiple employers share responsibility, they pursue claims against all liable parties to maximize their clients’ recovery and ensure full payment of benefits.

Protecting Your Rights in Longshore Cases

Maritime workers placed through staffing agencies or employed by subcontractors should take steps to protect their rights from the beginning of their employment. Keeping copies of all employment paperwork – including applications, offer letters, and any contracts – can help establish the employment relationship later if an injury occurs.

Workers should also note who actually directs their work on a daily basis, who provides safety equipment, and who conducts training. These details become important evidence in determining employer liability if an injury occurs. Understanding the chain of companies involved in your employment helps ensure you can identify all responsible parties.

The longshore attorneys at Cantrell Green in the Los Angeles area advise workers to report injuries to both their staffing agency and the facility where they work. This dual reporting protects against arguments that the claim was not properly filed with the correct employer and creates a clear record that all potentially responsible parties received notice.

Why Longshore Cases Require Experienced Longshore Attorneys

Claims involving subcontractors and staffing agencies require attorneys who understand both the legal principles governing employer liability and the practical realities of how maritime work is organized. Insurance companies representing multiple employers often point fingers at each other, creating delays that harm injured workers waiting for benefits.

Experienced legal representation ensures that workers do not become caught in the middle of disputes between companies. An attorney can file claims against all potentially liable parties, demand prompt payment of benefits, and pursue penalties against any employer that fails to meet its obligations under the Longshore Act.

The skilled and experienced longshore attorneys at the Los Angeles area law firm of Cantrell Green have the knowledge and resources to handle even the most complex multi-employer claims. They work efficiently to secure benefits for their clients while pursuing all available remedies against every responsible party.

Longshore Attorneys | Los Angeles Area

If you have been injured while working at a maritime facility through a staffing agency or as an employee of a subcontractor, the attorneys at Cantrell Green can help you understand your rights and pursue benefits from all responsible parties. With more than forty years of experience representing injured maritime workers throughout California, they know how to handle complex employment arrangements and ensure their clients receive full compensation regardless of how their employment is structured. Contact the skilled and experienced longshore attorneys at the Los Angeles area law firm of Cantrell Green today for a consultation to discuss your injury and learn how they can fight for the benefits you deserve.

Los Angeles Area Longshore Attorneys: 800-964-8047