By John J. Megjugorac
In 1972, the United States Congress amended the Longshoremen’s and Harbor Workers’ Compensation Act (“LHWCA”) with Section 905(b) which provides in relevant part: “In the event of injury to a person covered this chapter caused by the negligence of a vessel, then such a person… may bring an action against such vessel as a third party….” 33 U.S.C. § 905(b). While the LHWCA establishes a complex workers compensation scheme which is the exclusive means of liability of employers to employees in the course of their maritime employment, §905(b) preserved the longstanding principle that longshoremen could bring a negligence action against a vessel. Indeed, longshoremen are typically employed as stevedores and not by the vessels themselves, thus there is no employer-employee relationship. [Read more…]