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Monthly Archives: June 2017

The Laws That Protect Offshore and Maritime Workers

Maritime Law Jun 9, 2017

As someone who works offshore or in the maritime industry, there are laws that protect you when you get injured at work. But, knowing which laws apply – and how to use them to maximize your financial recovery – can be a challenge. The following is a brief overview of the laws that provide for compensation when offshore and maritime workers get hurt or injured on the job: 1. The Jones Act Who It Covers: The Jones Act applies to offshore workers who qualify as “seamen.” This includes workers onboard tankers, freighters, tugboats, barges, fishing boats, supply boats, crew boats, jackup rigs, and other vessels. It also includes crewmembers on floating oil rigs and jack-up drilling rigs. Compensation Available: Under the Jones Act, injured seamen can potentially file two different claims for compensation: (i) a claim for no-fault “maintenance and cure” benefits, and (ii) a claim for full financial compensation based the negligence of the employer or others. 2. The Outer Continental Shelf Lands Act Who It Covers: The Outer Continental Shelf Lands Act (OCSLA) applies to offshore workers who do not qualify as “seamen” under the Jones Act. This includes workers on fixed oil platforms and oil rigs, as well as certain longshoremen, harbor workers, dock men and other maritime employees. Compensation Available: Under the Outer Continental Shelf Lands Act, injured workers are entitled to certain benefits regardless of who is to blame for their injuries. These include benefits for disability (lost income), medical expenses, rehabilitation expenses and retraining […]

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Injured on a Tugboat? Find Out Who May Be Responsible

Tugboat Injuries Jun 5, 2017

After any type of accident, identifying the party (or parties) responsible is one of the first steps toward pursuing a claim for financial compensation. With medical bills piling up and the potential for significant lost income, job-related injuries can often put maritime workers’ financial futures on the line. As a result, fighting for just compensation needs to be a top priority, and it is critical to promptly conduct a thorough investigation focused on determining who deserves to be held accountable. 1. Your Employer The first option is your employer. Under the Jones Act, if you were injured onboard a tugboat or barge, in most cases your employer will be obligated to pay you no-fault benefits known as “maintenance and cure.” Since these are no-fault benefits, your employer must pay regardless of the cause of your injury. In addition to maintenance and cure benefits (which in some cases can be less than $25 per day), the Jones Act also entitles you to seek full compensation for your injuries if the accident resulted from your employer’s negligence. The Jones Act applies a standard of “slight” negligence, which means that your employer can be held accountable if it made any mistake that played any role in causing your injuries. 2. The Tugboat’s Owner If your employer does not own the tugboat or barge on which you were injured, you may be able to seek compensation from the tugboat’s owner as well. Claims against vessel owners are not made under the Jones Act, but […]

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