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Monthly Archives: January 2021

What Are My Rights Living in Virginia and Injured in a Maritime Accident?

Maritime Injuries Jan 29, 2021

Working in the maritime industry is dangerous. In fact, it is one of the most dangerous occupations in the country. Each year, numerous maritime workers in Virginia suffer serious on-the-job injuries, and many can never recover fully. Here, maritime accident attorney David P. Willis explains your legal rights if you have been seriously injured in a maritime accident in Virginia: Statutory Rights Under Federal Law Due to the unique nature – and unique risks – of the maritime industry, Congress has enacted several statutes that provide specific protections to maritime workers. Depending upon your particular occupation and where you perform your day-to-day job duties, you may be entitled to compensation for your job-related injury under: The Jones Act – The Jones Act protects Virginia maritime workers who are classified as “seamen.” This includes captains, crewmembers, and others who work onboard vessels in navigation. Notably, a vessel does not have to be moving to be considered “in navigation.” If the vessel is in the water and capable of moving in navigable waters, then workers on board are entitled to “no-fault” maintenance and cure benefits under the Jones Act. The Longshore and Harbor Workers Compensation Act (LHWCA) – The LHWCA protects maritime employees who work at ports and terminals, as well as those who work on docks and offshore drilling platforms. Longshoremen, harbor workers, shipbuilders, and others who are entitled to the LHWCA’s protections in Virginia can receive “no-fault” compensation if they get injured on the job. The Outer Continental Shelf Lands […]

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Your Rights if Exposed to Toxic Chemicals or Fumes in a Maritime Accident

Maritime Injuries Jan 29, 2021

Many workers in the maritime industry are exposed to toxic chemicals and fumes daily. This exposure can cause serious harm, and several types of illnesses and diseases are linked to toxic exposure in maritime occupations. If you are experiencing toxic exposure symptoms, you should see a doctor promptly, and you should also consult with a maritime injury lawyer about your legal rights. Examples of Illnesses and Diseases Linked to Maritime Toxic Exposure How do you know if your symptoms are related to toxic exposure at work? In most cases, maritime employees are only exposed to noxious chemicals and fumes in the workplace. As a result, upon being diagnosed with an exposure-related illness or disease, it is often relatively easy to link the diagnosis back to an employee’s work environment. This is true of illnesses and diseases such as: Aplastic anemia Blood and bone marrow cancers Bronchitis Kidney and bladder cancers Leukemia Lung cancer Non-Hodgkin Lymphoma (NHL) Scleroderma Silicosis Tuberculosis What Are Your Rights if You Were Exposed to Toxic Chemicals or Fumes at Work? If you work in a maritime or offshore occupation and you are suffering due to toxic exposure, you may be entitled to significant financial compensation. The Jones Act, Longshore and Harbor Workers Compensation Act (LHWCA) and Outer Continental Shelf Lands Act (OCSLA) all provide compensation to maritime and offshore workers who suffer from toxic exposure on the job. Depending on your individual circumstances, you may be entitled to recover: Maintenance and cure under the Jones Act […]

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