Hampton Roads Shipyard Worker Injuries: A Tidewater Attorney’s Guide for Third-Party Tort Claims Beyond Longshore Benefits
By Anthony I. Shin, Esq. | Shin Law Office | Notes from a Virginia Attorney on the Cases That Decide What Injured NNSY and Newport News Shipbuilding Workers Recover Beyond Longshore Benefits
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Hampton Roads shipyard workers injured at Norfolk Naval Shipyard in Portsmouth, Newport News Shipbuilding (a division of Huntington Ingalls Industries), or one of the smaller regional yards typically receive Longshore and Harbor Workers’ Compensation Act (LHWCA) benefits under 33 U.S.C. §§ 901 et seq. for the workplace injury. The Longshore Act benefits cover medical care and a portion of lost wages, but the recovery is generally limited compared to what tort recovery would produce. Many shipyard workers do not realize that, separately from the Longshore Act benefits, they may have third-party tort claims against vessel owners under Section 5(b) of the Longshore Act, against equipment manufacturers whose defective products caused the injury, against subcontractors and other non-employer third parties present at the yard, and against drivers in vehicle-related yard accidents. The third-party claims can produce substantial additional recovery on top of the Longshore Act benefits.
If you were injured at NNSY, Newport News Shipbuilding, or another regional shipyard, your case deserves a Virginia attorney who handles both the Longshore Act framework and the parallel third-party tort claims. Call Shin Law Office at 571-445-6565.
The Longshore Act Framework
The Longshore and Harbor Workers’ Compensation Act under 33 U.S.C. §§ 901 et seq. is the federal workers’ compensation system for maritime workers, including shipyard workers, longshoremen, and other employees engaged in maritime employment. The Act provides medical, disability, and survivor benefits for covered injuries. The Longshore Act is the exclusive remedy against the worker’s employer in most cases, meaning the injured worker generally cannot sue the shipyard itself for the workplace injury beyond the Longshore Act benefits. The exclusive remedy bar is the trade-off for the certainty of compensation that workers’ compensation provides without requiring proof of employer fault.
Longshore Act benefits, while important, are limited. Wage replacement is capped at a percentage of the average weekly wage, subject to maximum benefit limits. Pain and suffering is not compensable. Future loss of earning capacity beyond the disability benefit framework is not generally addressed. The benefit structure reflects the trade-off but leaves many categories of damages uncompensated.
Section 5(b) Third-Party Claims Against Vessel Owners
Section 5(b) of the Longshore Act at 33 U.S.C. § 905(b) preserves the injured worker’s right to bring a tort claim against the vessel owner for vessel negligence. For Hampton Roads shipyard workers injured aboard a vessel during repair, overhaul, or construction work, the vessel owner (the United States Navy for many NNSY cases, the customer of the shipbuilding contract for Newport News Shipbuilding cases) may be liable for negligence in providing a safe workplace, in supervising the work, or in failing to address known hazards. The vessel owner’s duties to the shipyard worker are defined by the framework established in Scindia Steam Navigation Co. v. De Los Santos and refined by subsequent federal courts.
Equipment Manufacturer Product Liability Claims
Many shipyard injuries involve equipment failures: cranes, hoists, hydraulic equipment, ladders and scaffolding, power tools, welding equipment, and the broad range of industrial equipment used in shipyard work. Where a defective product caused or contributed to the injury, the manufacturer may be liable under product liability theories. Virginia product liability law allows claims for manufacturing defects, design defects, and warning defects. The product liability claim proceeds independently of the Longshore Act and can yield substantial recoveries in cases involving serious equipment failures. For a broader background on Virginia personal injury law, see our Hampton Roads personal injury cornerstone guide.
Third-Party Contractor Claims
Shipyards routinely host multiple contractors and subcontractors working together on the same projects. Where a worker employed by Contractor A is injured by the negligence of Contractor B’s employees, the injured worker may have a third-party tort claim against Contractor B. The Longshore Act exclusive remedy bar applies only to claims against the worker’s own employer, not to claims against other entities at the worksite. Identifying the responsible third parties and developing the case against them requires familiarity with the layered contractor structure typical of major shipyards.
The Longshore Lien
When an injured shipyard worker recovers from a third party, the Longshore Act employer or its insurer has a lien on the third-party recovery for the Longshore Act benefits paid. Under 33 U.S.C. § 933, the worker generally must obtain the employer’s written approval before settling the third-party claim, with specific procedures for resolving the lien. The interaction between the Longshore Act benefits and the third-party recovery is technical and benefits from counsel familiar with both frameworks. Done correctly, the worker can preserve a substantial net recovery from the third-party case after addressing the Longshore lien.
Frequently Asked Questions
I am receiving Longshore Act benefits for my NNSY injury. Can I also sue someone?
Possibly. The Longshore Act exclusive remedy applies to claims against your employer (NNSY itself), but third-party claims against vessel owners under Section 5(b), against equipment manufacturers, against other contractors at the yard, and against other non-employer parties remain available. The third-party claim proceeds in addition to the Longshore benefits, with the Longshore lien addressed at settlement.
My injury was caused by a defective crane at Newport News Shipbuilding. Who is the defendant?
The crane manufacturer is a likely defendant under product liability theories. Depending on the facts, additional defendants might include the crane maintenance contractor, the supplier of the defective component, or other parties in the chain. Counsel can identify all potential defendants based on the specific facts of your case.
How long do I have to bring a third-party claim?
Generally, two years from the date of injury under Va. Code § 8.01-243(A) for state law tort claims. Federal admiralty claims may have different limitations periods. The deadline runs from the date of injury, not from the date the Longshore Act benefits started. Filing late generally bars the claim entirely.
Hampton Roads Shipyard Worker Injury Attorney
Whether you are an NNSY rigger, a Newport News Shipbuilding welder, a Colonna’s Shipyard machinist, or any other Hampton Roads maritime worker injured on the job, your case deserves a Virginia attorney who handles both the Longshore Act framework and the third-party tort claims that can produce additional recovery.
Call 571-445-6565
References
Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901 et seq. https://www.govinfo.gov/app/collection/uscode
33 U.S.C. § 905(b) (Vessel negligence claims). https://www.govinfo.gov/app/collection/uscode
33 U.S.C. § 933 (Compensation for injuries by third persons; subrogation). https://www.govinfo.gov/app/collection/uscode
Code of Virginia. (2024). Title 8.01, Section 8.01-243: Personal action for injury. Virginia General Assembly. https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-243/
U.S. Department of Labor, Office of Workers’ Compensation Programs. (2024). Longshore and Harbor Workers’ Compensation. https://www.dol.gov/agencies/owcp/dlhwc
