905 (b) CLAIMS
Under § 905(b) of the LHWCA, you have the right to file a third party claim against either (1) a responsible third party who did not employ you but did cause and/or contribute to your accident and injury, and (2) directly against your LHWCA employer if your LHWCA employer also owned a vessel upon which your injury occurred. The traditional 905(b) claim is filed against the LHWCA employer in its capacity as a vessel owner. The 905(b) of the LHWCA views the employer almost as a separate company and entity in its capacity as the owner of the vessel. Typically LHWCA employees can pursue negligence claims under 905(b) if their employers were negligent in maintaining or operating a vessel upon which the LHWCA employee was working at the time of his accident. Likewise, the you can pursue full damages from any true third party companies which caused or contributed to your injuries.

