Injured at the Port? Two Laws May Cover You — We Find the One That Pays You More

Working the docks at Port Tampa Bay or anywhere along Florida's waterfront puts you in one of the most legally complex corners of workers' compensation law — where the difference between state and federal coverage can mean thousands of dollars in benefits you'd otherwise never see.

Florida Longshoremen Don't Always Know Which Law Applies — and Neither Do Most Attorneys

If you were injured on the job at a Florida port, you may be entitled to benefits under Florida's state workers' compensation system, the federal Longshore and Harbor Workers' Compensation Act (LHWCA), or in some cases, both. Which law governs your claim depends on where you were when the injury happened, what your specific job duties are, and how your employer is classified under federal maritime law.

 

Most attorneys handle one or the other. We evaluate both — and we file under the law that puts the most money in your pocket. Federal LHWCA benefits are frequently higher than Florida state workers' comp. Misidentifying the applicable law at the outset isn't just a paperwork problem. It's a financial one that can be very difficult to undo.

What Determines Whether You Fall Under Florida Workers' Comp or the LHWCA

The line between state and federal coverage is drawn by the nature of your work and where your injury occurred. Here's how we generally assess it:

You May Qualify Under Florida Workers' Comp If

Your injury occurred in a landside area of the port — a warehouse, storage yard, or parking area — and your duties are not directly tied to loading, unloading, or moving cargo between vessel and shore. Florida workers' comp covers employees broadly, and some port workers whose roles are primarily land-based fall within the state system rather than the federal one.

You May Qualify Under the LHWCA If

Your work involves loading, unloading, repairing, or building vessels, or your injury occurred on or adjacent to navigable waters. The LHWCA is a federal statute that was designed specifically for maritime and waterfront workers — longshoremen, dock workers, ship repairers, and related classifications. Benefits under this law often include higher wage replacement rates and broader medical coverage than Florida's state system provides.

You May Qualify Under Both

In limited circumstances, a longshoreman injury claim can be evaluated under both frameworks simultaneously. This happens when the facts of the injury and the worker's duties create genuine overlap between state and federal jurisdiction. Our attorneys work through both sets of eligibility criteria before any filing is made — because the goal is always to identify the maximum benefit available under the correct law.

Port Tampa Bay: A Specific Jurisdiction We Know Well

Port Tampa Bay is one of the largest ports in the southeastern United States, and it generates a steady volume of workers' compensation and LHWCA claims. We have direct experience with the types of injuries that occur in this environment — crane and rigging accidents, cargo handling injuries, forklift and vehicle collisions, fall injuries on vessel gangways, and repetitive trauma from sustained physical labor. If your injury happened at Port Tampa Bay or another Florida port facility, we know the landscape.

What Longshoreman Injury Claims Can Cover

Whether your claim proceeds under Florida workers' comp, the LHWCA, or both, the categories of recoverable benefits are substantial. Depending on the applicable law and the severity of your injury, you may be entitled to:

 

  • Medical treatment, including emergency care, surgery, specialist visits, and ongoing rehabilitation
  • Wage replacement benefits while you are unable to work or are working at reduced capacity
  • Permanent partial or total disability benefits if your injuries result in lasting impairment
  • Vocational rehabilitation if you cannot return to your prior occupation
  • Death benefits for surviving family members in fatal port accidents

 

The LHWCA, in particular, provides for compensation at two-thirds of your average weekly wage — with no cap on the duration of payments for permanent total disability. That distinction matters enormously for workers with serious or career-ending injuries.

Why Our Background Makes a Real Difference in Port Injury Cases

We have been representing injured Florida workers for more than 40 years. Several of our attorneys previously worked on the defense side — representing employers and insurance carriers — which means we understand exactly how the other side evaluates and disputes claims. That experience informs how we build every case we take.

 

Steve Barbas and Gray Sanders are both Florida Bar Board Certified in Workers' Compensation, a credential fewer than 1% of Florida attorneys hold. Kristen Emerson holds a nursing degree in addition to her law degree, which gives our team a distinct advantage in evaluating the medical dimensions of serious port injuries. When a longshoreman injury claim involves disputed medical causation, complex diagnostic records, or contested disability ratings, that background matters.

 

We also have bilingual attorneys at the partner level. Steve Barbas and Kelly Nunez both handle cases in Spanish and English — a meaningful resource for the significant number of Spanish-speaking workers employed at Florida's port facilities.

LHWCA Claims Require Separate Representation — We Handle Both

If your evaluation reveals that your claim falls under the Longshore and Harbor Workers' Compensation Act rather than Florida state workers' comp, we handle that too. Our LHWCA practice covers the full scope of federal maritime injury claims — from initial filing through formal hearings before the Office of Workers' Compensation Programs and, when necessary, the Benefits Review Board.

 

For a full overview of how LHWCA claims work and what federal maritime workers are entitled to, visit our dedicated Longshore and Harbor Workers page.

Yellow hard hat and work gloves beside an excavator bucket on dirt ground

Frequently Asked Questions: Longshoreman Injury Claims in Florida

  • I work at Port Tampa Bay and got hurt on the job. How do I know which law covers me?
    The answer depends on where your injury occurred and what your job duties involve. If your work is tied to loading, unloading, or vessel operations, the LHWCA likely applies. If your duties are primarily landside, Florida workers' comp may govern. In some cases, both frameworks are relevant. We evaluate the specific facts of your situation before any filing is made.
  • Are LHWCA benefits better than Florida workers' comp?
    In many cases, yes. The LHWCA provides wage replacement at two-thirds of your average weekly wage with no cap on duration for permanent total disability, and it often provides broader medical coverage than Florida's state system. The difference in total benefit value can be substantial for workers with serious injuries.
  • I already filed a Florida workers' comp claim, but I think I should have filed under the LHWCA. What do I do?
    Contact us before you accept any decision on your current claim. Depending on where your case stands, there may be options to amend the filing, pursue a parallel claim, or take other corrective steps. Acting quickly matters — deadlines under both systems are strict.
  • What types of injuries do longshoremen commonly suffer?
    Port work involves heavy machinery, cargo handling, vessel operations, and demanding physical labor. Common injuries include back and spine injuries from lifting and falls, traumatic brain injuries from crane and rigging accidents, crush injuries from cargo and equipment, repetitive trauma from sustained manual labor, and injuries from forklift and vehicle collisions on port property.
  • Does it cost anything to have you review my longshoreman injury claim?
    No. We offer a free initial consultation, and we handle workers' compensation and LHWCA cases on a contingency basis. You pay nothing unless we recover benefits for you.
  • Can a longshoreman file a third-party personal injury lawsuit in addition to a workers' comp or LHWCA claim?
    Possibly. If a party other than your employer — a vessel owner, equipment manufacturer, or contractor — contributed to your injury, a separate civil claim may be available alongside your workers' comp or LHWCA filing. We evaluate third-party liability as part of every port injury case we review.

The Attorneys Handling Your Personal Injury Case

Personal injury litigation at Barbas Nunez Sanders Butler & Hovsepian is led by three attorneys whose backgrounds bring distinct strengths to every case.

Kelly Barcia Nunez

Kelly Barcia Nunez is a Florida Bar Board Certified attorney and founding partner with more than 30 years of litigation experience. Her command of Florida injury law and her direct client communication style have made her one of the firm's most trusted advocates for accident victims.

L. Gray Sanders

L. Gray Sanders spent time on the defense side of civil litigation before joining the firm, which means he approaches every personal injury case understanding exactly how the opposing carrier will evaluate and contest it. That inside knowledge shapes case strategy from the first file review.

Kristen Emerson

Kristen Emerson holds a nursing degree alongside her law license. In personal injury cases involving serious physical injuries, disputed diagnoses, or contested medical causation, her clinical background is a concrete advantage — she understands what happened to your body, not just what the records say.

Two people inspecting a black car between a blue car and a black car on a roadside

Talk to a Longshoreman Injury Attorney Before You File — or Before You Settle

Port injury claims are not standard workers' comp cases. The jurisdictional complexity alone can determine whether you receive adequate compensation or leave significant benefits on the table. Our attorneys have the experience, the credentials, and the bilingual capacity to evaluate your claim under every applicable law and fight for the full recovery you're owed. The consultation is free. The call is the right first step.