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Category: Barge Injuries

I was Injured on a Barge: Do I File Under Workers’ Compensation or the Jones Act?

Barge Injuries Jun 19, 2017

If you were injured in a barge accident, there is a good chance that you will need to seek financial compensation for your injuries. Between your medical bills and lost income, your injuries could take a significant toll on your finances, and you will need to make sure that you have your expenses covered as much as possible. But, how do you claim compensation for your maritime or offshore injury? Are you eligible for workers’ compensation? Or, do you need to file a claim under the Jones Act? State Workers’ Compensation Laws Do Not Apply to Offshore Workers Workers’ compensation laws are designed to make it easier for workers to collect compensation for job-related injuries. They do so by making limited, “no-fault” benefits available to injured workers regardless of the cause of their injuries. While this no-fault system makes it easier for many workers to receive at least some compensation from their employers, it prevents employees who have been harmed by their employers’ negligence from securing full financial compensation for their losses (including full wage replacement and compensation for pain and suffering). However, since workers’ compensation laws exist at the state level, they do not apply to most accidents that occur on vessels or most offshore. As a result, for maritime and offshore workers, securing compensation for job-related injuries commonly involves filing a claim under the Jones Act. Understanding Your Rights Under the Jones Act The Jones Act is a federal maritime law that serves as a substitute for workers’ […]

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Who is Responsible for My Barge Accident Injuries?

Barge Injuries Jun 16, 2017

Maybe you slipped and fell on a slippery deck. Maybe you were injured by a crane or other piece of equipment or machinery. Maybe you have been diagnosed with leukemia or MDS from a benzene exposure on a barge. Whatever it is that happened, you suffered a serious injury, and now you have a mountain of medical bills and are unable to provide for your family. Barges are dangerous work environments, and seamen working onboard barges frequently suffer serious, life-changing injuries. If you’ve been injured, you may be entitled to compensation, and one of the first steps to securing a financial recovery is to determine who is responsible for your injuries. Determining Liability After a Barge Accident Under the maritime laws of the United States, injured barge workers have three primary sources from which they can seek compensation for their injury-related losses. These are (i) their employer, (ii) the tug or barge owner, and (iii) other third parties. Your Employer: “Maintenance and Cure” and Jones Act Negligence For most barge workers, the first option for securing compensation is to enforce their rights under the Jones Act. The Jones Act provides injured seamen with two types of claims: A claim for no-fault “maintenance and cure” benefits A claim for full compensation based on employer negligence Under the Jones Act, maritime employers are required to pay maintenance and cure benefits regardless of the cause of the accident. If they do not pay, they may even be liable for punitive damages and attorney’s […]

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How Much Can I Recover for My Barge Accident Injury?

Articles May 24, 2017

If you were injured while working on a barge or tugboat, you may be entitled to financial compensation under the Jones Act. The Jones Act is a federal law that specifically applies to maritime workers, and it provides injured workers with two ways to seek compensation for their injury-related losses. How Much is Maintenance and Cure? The first is to file a claim for “maintenance and cure” benefits. Under the Jones Act, all qualifying maritime workers are entitled to limited compensation regardless of the cause of their accident. These benefits, known as “maintenance and cure,” are intended to help cover injured barge workers’ medical and daily living expenses. But, the key word here is, “help.” Maintenance and cure benefits are typically in the range of $20 to $40 per day. So, injured workers will usually need to seek an additional source of compensation. How Much Can I Recover for Jones Act Negligence? The second way to seek compensation under the Jones Act is to file a claim based upon your employer’s negligence. If your employer made a mistake that contributed to your accident, even if it was not the direct cause of your injury, the Jones Act states that your employer must provide full compensation for your injury-related losses. What do we mean by “full” compensation? In claims for Jones Act negligence, injured barge workers can seek compensation for: Outstanding medical bills – You are entitled to have all of your current injury-related medical bills paid by your employer. Rehabilitation […]

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