Resources

Search Results: death

Death on the High Seas Act (DOHSA)

Dec 7, 2015

Death on the High Seas Act (DOHSA) – Legal Rights under the Maritime Law 46 USCS Appx § § 761 et seq. § 761. Right of action; where and by whom brought Whenever the death of a person shall be caused by wrongful act, neglect, or default occurring on the high seas beyond a marine league from the shore of any State, or the District of Columbia, or the Territories or dependencies of the United States, the personal representative of the decedent may maintain a suit for damages in the district courts of the United States, in admiralty, for the exclusive benefit of the decedent’s wife, husband, parent, child, or dependent relative against the vessel, person, or corporation which would have been liable if death had not ensued. (Mar. 30, 1920, ch. 111, § 1, 41 Stat. 537.) § 762. Amount and apportionment of recovery The recovery in such suit shall be a fair and just compensation for the pecuniary loss sustained by the persons for whose benefit the suit is brought and shall be apportioned among them by the court in proportion to the loss they may severally have suffered by reason of the death of the person by whose representative the suit is brought. (Mar. 30, 1920, ch. 111, § 2, 41 Stat. 537.) § 763a. Statute of Limitations- Death on the High Seas Act Unless otherwise specified by law, a suit for recovery of damages for personal injury or death, or both, arising out of a maritime […]

READ MORE

Wrongful Death at Sea

Dec 7, 2015

Maritime Attorney – Wrongful Death Nothing can be more difficult for a family member than having their spouse or parent killed in an accident. Unfortunately, when a family member works in the maritime industry the risk of suffering a serious injury or being killed comes with the job. Seamen, oil rig workers, crew members, dock workers, longshoremen and other maritime employees work in difficult and dangerous environments where accidents and deaths take place far too often. When a tragedy occurs, the surviving wife, husband, child or parents not only have to deal with tremendous grief and suffering, they also have to figure out how they can recover the compensation they need to go about living and raising a family from companies and insurance carriers who are looking to pay out as little money as possible. The Willis Law Firm is an experienced maritime injury firm representing maritime workers and their family members. For more than 30 years we have been fighting for the legal rights of the victims nationwide in maritime injury claims and wrongful death actions. Our firm handles all types of accident and wrongful death claims, including those arising out of: Tugboat accidents Barge accidents Oilrig Drilling Accidents Crane accidents Dredge accidents Engine Room accidents Helicopter Transport Accidents Rigging Accidents Asbestos Dust and Fibers Exposures Commercial and recreational boating accidents Commercial diving accidents Marine terminal accidents Crew and supply boat accidents Shipyard accidents Offshore platform and oil rig accidents Cargo ship accidents Crab boat accidents Cruise ship accidents […]

READ MORE

Maritime Lawyer

Aug 31, 2017

Suffering an on-the-job injury can have devastating consequences for maritime workers. David Willis is a maritime lawyer with over 30 years’ experience helping injured workers recover the financial compensation they deserve. Get the help you need to protect your legal rights – schedule a free and confidential consultation today. When you work with your hands for a living, getting hurt on the job can mean substantial time missed from work and financial strain for your family. If you cannot work, you need another source of income, and fortunately maritime laws provide special protections for longshoremen, seamen and other maritime workers. But, securing benefits under these laws can be difficult. The insurance companies do not pay willingly; and, if you need to prove fault or unseaworthiness to succeed with your claim, you will need an experienced attorney who can effectively present your claim for compensation. Attorney David Willis has more than 30 years’ experience representing maritime workers and their families. He has recovered millions of dollars in compensation from some of the largest offshore and maritime employers in the maritime industry, and he pursues every claim with the personal attention needed to maximize each client’s financial recovery. When you need to seek compensation for a maritime injury, the Willis Law Firm is your choice for experienced and aggressive legal representation. When Should You Hire a Maritime Lawyer? For many maritime workers, the decision to hire a lawyer does not come easily. In many cases, they are worried that filing a claim […]

READ MORE

Outer Continental Shelf Lands Act (OCSLA)

Dec 7, 2015

What is the Outer Continental Shelf Lands Act? If you work on an offshore platform, oil rig and other fixed structure, you may already know a co-worker who has recovered benefits under the Outer Continental Shelf Lands Act (OCSLA). The OCSLA was passed by U.S. Congress in 1953 in an effort to extend the Longshore Harbor and Worker’s Compensation Act (LHWCA) to maritime employees working on the Outer Continental Shelf. Under section 1331(a) of the OCSLA, the “Outer Continental Shelf” is defined as “all submerged lands lying seaward and outside of the area of lands beneath navigable waters . . . and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.” Longshoremen, harbor workers and individuals working on oil rigs and platforms, dock men, ship builders and ship repairers are typically the types of employees who are eligible to collect compensation and benefits under the OCSLA. While the OCSLA is meant to be an extension of the LHWCA, there are many legal nuances under the Act that can make it very difficult to determine whether your case actually falls within the Act’s protections. If you have been involved in an accident on the Outer Continental Shelf it is in your best interest to speak with an offshore injury attorney who can properly analyze your accident to determine which laws will govern your claim. What Benefits are Available Under the OCSLA? The compensation and benefits provided under OCSLA are similar to […]

READ MORE

Longshore and Harbor Workers’ Compensation Act (LHWCA)

Dec 7, 2015

Who is Covered Under the LHWCA? When an employee is injured working on a port, dock, terminal or offshore drilling platform, the employee generally falls under the protections of the Longshore Harbor & Workers’ Compensation Act (LHWCA). The LHWCA or Longshore program is a federal workers’ compensation program administered by the United States Department of Labor. It is important to understand that the LHWCA program is a no-fault program, meaning that workers are entitled to receive compensation and benefits regardless of who may have been at fault for the accident or injury. The LHWCA was first enacted by Congress in 1927 in an effort to extend compensation and medical benefits to maritime workers who were not covered by the Jones Act. The LHWCA covers: Longshoremen Dock men Harbor workers Shipbuilders Ship repairmen Ship breakers Forklift operators Winch operators Other workers who are injured on, near or adjacent to U.S. navigable waters, including adjoining docks, piers, wharfs, terminals, and other structures and platforms customarily used by the worker’s employer for loading and unloading vessels or the constructing and repairing ships are also covered by the LHWCA. What Compensation and Benefits are Available Under the LHWCA? The LHWCA provides medical care and income benefits to the injured longshore worker as well as death benefits to eligible survivors of a deceased employee. When an employee is unable to work because of his or her injury, temporary disability benefits are paid on a monthly basis. Under the LHWCA, employees are entitled to receive 66 […]

READ MORE

General Maritime Law

Dec 7, 2015

A Marine Lawyer Explains Your Legal Rights If you are a maritime worker who has been injured on the job, you have important legal rights and protections. The laws governing accidents and injuries that occur on or near the water are confusing and difficult to sort through on your own. A skilled Jones Act or maritime lawyer can help you understand these laws so that you can recover the full compensation you are legally entitled to. The Willis Law Firm represents injured seaman and non-seaman in maritime related cases nationwide. Attorney David P. Willis has more than 30 years of experience helping individuals and families who have been the victims of a wrongful death or serious personal injury. He knows the ins and outs of maritime law and is committed to providing you with the information and legal representation you need to secure a maximum award or settlement in your case. Jones Act – Negligence Claims If you are a seaman and have been injured on a ship or vessel you may be able to file a negligence suit against your employer under the Jones Act. The Jones Act is a federal statute that provides injured seamen with the right to recover damages against employers for injuries arising from the negligent acts of the employer or co-workers during the course of the seaman’s employment. Unlike a workers’ compensation claim, in order to recover under the Jones Act, the injured seaman must prove some negligence or fault on the part of […]

READ MORE

Maritime Acts

Dec 7, 2015

Admiralty Attorney Explains Maritime Laws Crew members working aboard ships, vessels, rigs and platforms understand how dangerous their jobs can be. When you work on or near the water the environment and conditions can be hazardous. Accidents are an everyday part of life and can result in injuries that are severe and life-altering. While most seamen and maritime workers know they have legal rights when they are injured, it can be challenging to determine which laws apply to the accident or injury. If you have been injured, you need to be sure that you are working with the right laws before you can file a legal action. An experienced admiralty or maritime injury attorney at The Willis Law Firm can review your situation to identify all laws and legal theories that may apply in your case. Attorney David Willis is a seasoned legal professional with over 30 years of experience who has an in-depth understanding of the laws and regulations governing these types of injuries. He will carefully review your accident to determine the applicable laws and the best strategy for moving forward. Depending upon where you were injured and the type of work you were doing, one or more of the following maritime acts may apply in your case: The Jones Act. The Jones Act is a federal statute that protects seamen who are injured while in the service of a ship or vessel. The Jones Act governs the liability of marine employers and vessel operators when a work-related […]

READ MORE

Maritime Law Glossary

Dec 7, 2015

The legal terms and phrases used in Jones Act claims and General Maritime Law cases can be confusing and difficult to sort through on your own. The Willis Law Firm has worked to develop a list of common maritime terms with straightforward definitions to help maritime workers and their families better understand the laws and regulations that are designed to protect them. Admiralty Law. Admiralty law, more commonly known as “maritime law,” refers to the body of law that governs and regulates maritime activities taking place on navigable waters, including accidents involving maritime workers. Death on the High Seas Act (DOHSA). DOHSA permits the spouse, parents, children, and dependent relatives of a deceased worker to recover certain damages when a death takes place in international waters – more than three miles from U.S. Shores. Jones Act. The Jones Act is a federal statute that provides legal rights and protections to seamen who are injured while in the service of a ship or vessel. The Act governs the liability of maritime employers and vessels operators when a job-related injury, illness or death occurs. Jones Act Negligence Suit. The Jones Act permits seamen to file a negligence lawsuit against their employers when they are injured in the course or scope of their employment due to negligence of their employer or a co-worker. Limitation of Liability Act. The Limitation of Liability Act permits the owner of a vessel to petition the court to limit its liability for damages to the value of the […]

READ MORE

What is Admiralty Law?

Dec 7, 2015

Admiralty Attorney Explains Admiralty and Maritime Law Many people are confused by the term “admiralty law.” They often think that admiralty law is different from maritime law. Admiralty law and maritime law are essentially one in the same –admiralty/maritime law is the body of law that regulates and governs maritime activities that take place on navigable waters such as navigation, shipping, commerce, employment matters, injuries to crew members, torts and contracts. U.S. Admiralty Law In the United States admiralty law began to emerge shortly after the adoption of the U.S. Constitution in 1789. This body of law was first introduced through admiralty cases and has grown and expanded over the years to include a number of federal acts passed by the U.S. Congress. Some of the more well-known maritime/admiralty acts include: The Jones Act- Merchant Marine Act of 1920: The Jones Act is a federal statute aimed at promoting and supporting the American Merchant Marine while providing important legal rights to seaman who are injured, fall ill, or die in the course of their employment. This Act requires maritime employers to provide injured seaman with maintenance (cost of living) and cure benefits (medical care) regardless of who may be to blame for the maritime accident or injury. Under the Act, maritime workers who are classified as “seamen” also have the right to file a negligence lawsuit against their employers when an employer’s negligence or the negligence of a co-worker plays a part in the employee’s injuries. Longshore Harbor & Workers’ […]

READ MORE

Shrimp Boat Accidents

Dec 7, 2015

How a Shrimp Boating Accident Lawyer Can Help with Your Injuries Working on a shrimp boat is not only physically demanding, it is also a risky job that can lead to serious injuries including crushed and amputated limbs, severe neck and back injuries, head trauma, assaults and even death. Many of these accidents could be easily avoided if employers took appropriate safeguards to protect the individuals working on shrimping vessels. Maritime employers have a legal duty to prevent workplace injuries. When an employer fails to take reasonable steps to ensure the work environment aboard a shrimp boat is safe and free from harm, the employer can be held liable for a shrimper’s injuries. The Willis Law Firm has more than three decades of experience helping injured seamen and crew members recover the financial compensation they need to deal with their injuries. Our firm understands how the shrimping industry operates and we are well aware of the dangerous and hazardous conditions on these boats that can cause serious injuries, including: Inexperienced (“greenhorns”) or improperly trained crew members Lack of sufficient safety equipment Dangerous seas and hazardous weather conditions Operating an undersized boat for the conditions Dangerously conducting the job in a rush or fast pace Collisions with other vessels Lifting or pulling back injuries Capsizing Winch and cabling accidents Worn-out or malfunctioning equipment Falling objects Winch accidents Slip and fall accidents Physical assaults from crew members and others What to Do When You Are Injured The most important thing you can do […]

READ MORE

Archives

Board Certified, Texas Board of Legal Specialization

Free & ConfidentialCase Review Form

All Information
Kept Confidential
Willis Law Firm
Nationwide Help - Licensed in Texas and New York
Principal Office - Houston, Texas
5252 Westchester St.
Suite #275

Houston, Texas 77005
Back to Top

Injured?

Protect Your Rights.

"Willis battled the chemical companies
and won our case." - MELISSA C.