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Monthly Archives: February 2021

You Need This Information to File a Longshore & Harbor Workers Comp Claim

Maritime Injuries Feb 26, 2021

If you qualify for benefits under the Longshore and Harbor Workers Compensation Act (LHWCA), you will need to file your claim using the U.S. Department of Labor Form LS-203. You must complete the form to the best of your ability, and omitting any information could lead to your claim being denied. While you can file Form LS-203 on your own, you can also hire a maritime injury lawyer to help you. This is the best option for many workers, as completing the form and securing benefits can often prove to be a challenge. Information Required for Longshore and Harbor Workers Compensation Act Claims Form LS-203 requires 36 different pieces of information, and only two can be omitted. All other sections of the form must be completed in order to successfully file for benefits under the Longshore and Harbor Workers Compensation Act. In addition to basic information such as your name, address and date of birth, the information you must provide when filing a claim for benefits under the LHWCA includes: The date and time of your accident The date and time that you stopped receiving pay The date and time that you returned to work (if applicable) Whether you were injured “while doing regular work” (if not, you must provide an explanation) Your weekly wage at the time of your accident Your total earnings during the year before your injury The number of years you have worked for your current employer Your supervisor’s name The “earliest date” your supervisor or […]

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What are My Rights if Injured in an Offshore Accident in Alabama?

Offshore Injuries Feb 24, 2021

If you live in Alabama and work offshore in the Gulf of Mexico, your legal rights after an accident will depend on how, where and why the accident happened. Depending on the circumstances involved, you may be limited to seeking “no-fault” maintenance and cure benefits under the Jones Act, or you may be able to recover full compensation by filing a claim under the Jones Act or other law. Regardless of your rights, it will be important to seek help, and you should consult with an offshore accident lawyer promptly. Your Rights Under the Jones Act If you qualify as a “seaman” under the Jones Act, you have the right to collect maintenance and cure benefits for your injury. These “no-fault” benefits are available regardless of how you got injured, but they only cover (i) your medical expenses, and (ii) daily living expenses of about $15 to $40 per day. In addition to providing “no-fault” maintenance and cure benefits, the Jones Act also gives seamen the right to sue their employers for negligence. In fact, only proof of “slight” negligence is required. If your employer is to blame for your injury, you can hire an offshore accident lawyer to file a Jones Act lawsuit to recover full compensation. This is true whether your employer’s headquarters are located in Alabama or in another state. Your Rights Under the Outer Continental Shelf Lands Act (OCSLA) If you do not qualify as a “seaman” under the Jones Act, then you may have rights […]

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FAQs: How Much Can I Recover Under (LHWCA) Act?

Maritime Law Feb 19, 2021

If you work in the maritime industry but do not work offshore, recovering compensation after an on-the-job accident may involve filing a claim under the Longshore and Harbor Workers Compensation Act (LHWCA). Here, maritime accident attorney David Willis answers some frequently asked questions (FAQs) about compensation claims under the LHWCA: Am I Eligible to For Compensation Under the Longshore and Harbor Workers Compensation Act? In order to be eligible for compensation under the LHWCA, you must qualify as a longshore or harbor “employee.” Those who are covered under the LHWCA include: Longshoremen Harbor workers Shipbuilders and repairmen Shipbreakers Other employees involved in longshoring operations In order to qualify for LHWCA benefits, you must also have suffered a job-related injury. However, since the LHWCA provides “no-fault” benefits, you do not need to prove that your employer is to blame for your injury in order to file a claim. What Costs Does the Longshore and Harbor Workers Compensation Act Cover? The LHWCA covers injured employees’ medical needs and a portion of their lost income. Specifically, if you have a claim under the statute, you are entitled to: (i) full coverage for all necessary medical care related to your on-the-job injury, and (ii) income benefits calculated as two-thirds of your weekly wage. How Much Compensation Can I Receive Under the LHWCA? The specific amount of compensation you can receive under the LHWCA depends on your medical needs and your current wage. It also depends on how long your injury prevents you from working. […]

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FAQs: How Much Can I Recover Under the Jones Act?

Jones Act Feb 17, 2021

If you have been injured working on a boat or other vessel, recovering compensation for your injury may involve filing a claim under the Jones Act. The Jones Act is a federal law that applies specifically to individuals who work onboard “vessels in navigation,” which includes vessels docked at port, operating on inland waterways, and out at sea. The amount you can recover under the Jones Act depends on several different factors. Here, offshore accident attorney David Willis answers some frequently asked questions (FAQs) about compensation claims under the Jones Act: How Much Can I Recover Under the Jones Act? In order to determine how much you can recover for your injury, you first need to know which type of Jones Act claim you can file. There are two types of Jones Act claims: (i) claims for maintenance and cure, and (ii) claims for Jones Act negligence. If you have a claim for maintenance and cure, your injury-related medical expenses should be covered, and you should receive a “maintenance” payment as well. Typically, maintenance payments are in the range of $15 to $40 per day. Why are Maintenance and Cure Benefits So Low? Maintenance and cure benefits are so low for two main reasons. First, these are “no-fault” benefits, which means your employer is required to pay even if it is not responsible for your injury. Second, “maintenance” benefits are only intended to cover your basic expenses while living onboard a vessel—they are not intended as a full replacement for […]

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What Should Maritime Companies Do to Prevent On-the-Job Injuries?

Maritime Injuries Feb 12, 2021

It’s no secret that offshore and maritime injuries are far more common than they should be. While the prevalence of on-the-job injuries is partially due to the inherent hazards of working offshore, there are many steps that maritime companies should – but often don’t – take to protect their workers. As Maritime accident lawyer David Willis explains, many of the most common safety failures are also among the most common causes of job-related injuries for maritime workers. 10 Safety Violations that Frequently Lead to On-the-Job Injuries for Maritime Workers While many different factors can lead to on-the-job injuries, offshore and maritime workers frequently suffer injuries due to safety violations. Maritime companies have a legal obligation to reduce injury risks for their employees, but many companies fall far short of what is required. Here are 10 of the most common safety issues that lead to on-the-job injuries for maritime workers: Personal Protective Equipment (PPE) Failures – Inadequate access to personal protective equipment (PPE), PPE in poor condition, and inadequate training on the proper use of PPE Electrical Hazards – Exposure to electrical faults and other electrical hazards Equipment Dangers – Equipment that has not been adequately maintained, equipment not being used for its intended purpose, and inadequate training on the proper use of equipment Fire Hazards – Inadequate mitigation of fire hazards, overlooking combustion risks, failure to provide fire extinguishers, and inadequate fire protection systems Communication Failures – Inadequate communication of safety hazards, inability to report safety risks, and inaccessibility following […]

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New Study Reveals Most Common Offshore and Maritime Injuries

Maritime Injuries Feb 10, 2021

What are the most common offshore and maritime injuries? A recent study published in the Hellenic Shipping News answers this question. The study examines data from three different sources in an effort to determine what is the single most common cause of injuries at sea. Here, Jones Act lawyer David Willis breaks down what injured offshore and maritime workers need to know. The Seven Most Common Causes of Offshore and Maritime Injuries The data do not point to a single factor as the most common cause of offshore injuries. But, they do reach a consensus regarding the top seven causes of accidents on offshore and inshore waters. Based on the data studied, the seven most common causes of offshore and maritime injuries are: Slips and Falls Burns and Explosions Being Caught in Equipment Being Struck By Falling Objects Suffocation and Asphyxiation Lifting Accidents Other Causes While the Hellenic Shipping News notes that the three sources’ data sets are, “surprisingly similar given that each data set has a wide variety of vessel types,” there are some notable discrepancies. For example, while two of the sources identify slips and falls as the most common cause of injuries (accounting for 34 percent and 32 percent of all injuries in these sources’ studies), the third identifies “struck by” accidents as the leading cause—accounting for 37 percent of all injuries on the job. Additionally, while one of the sources identifies lifting accidents as the second most common cause (28 percent of all injuries), these accidents […]

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