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Monthly Archives: May 2021

5 Important Facts for Offshore Workers Who Live in Florida

Maritime Injuries May 28, 2021

Many Florida residents work offshore. If you are among them, it is important to make sure you have a clear understanding of your legal rights—especially when you get injured on the job. Here are five important facts for offshore workers from Florida maritime injury lawyer David P. Willis: Fact #1: Most Offshore Workers are Entitled to “No-Fault” Benefits When They Get Injured on the Job There are two primary laws that protect offshore workers: (i) the Jones Act and (ii) the Outer Continental Shelf Lands Act (OCSLA). Both of these laws entitle offshore workers to “no-fault” benefits when they get injured on the job. The right to “no-fault” benefits means that you can file a claim regardless of how you got injured. Whether your employer is responsible, a coworker made a mistake or you accidentally caused your own injury, you should talk to a Florida maritime injury lawyer about filing a claim under the Jones Act or the OCSLA. Fact #2: Many Offshore Workers Can Seek Additional Compensation for Fault In addition to “no-fault” benefits, many offshore workers can seek fault-based compensation as well. The Jones Act allows offshore workers to sue their employers for even “slight” negligence, and offshore workers will often have fault-based claims against other companies as well. For example, if you got injured on a rig, platform or vessel, the owner of the rig, platform or vessel may be liable. Or, if you got injured by a defective tool or piece of equipment, the manufacturer may […]

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What are Your Legal Rights After a Shrimp Boat Accident in Georgia?

Maritime Injuries May 21, 2021

It’s shrimp season in Georgia, and this means that shrimp boats are once again hitting the water. Unfortunately, this also means that many individuals who work on shrimp boats will soon suffer injuries on the job. While shrimp boat owners and operators should protect their workers, many of them cut corners, and many workers end up needing to hire a Georgia maritime accident lawyer to help them recover just compensation. Here are your legal rights when you get injured in a shrimp boat accident in Georgia: Right to Jones Act “Maintenance and Cure” Benefits The Jones Act is a federal law that protects offshore workers, including Georgia residents who work on shrimp boats. Under the Jones Act, shrimp boat workers can collect “maintenance and cure” benefits when they suffer job-related injuries. These benefits are available on a no-fault basis, which means that you can collect them no matter how you got injured on the job. Right to Sue for “Jones Act Negligence” Shrimp boat workers also have the right to sue their employers for “Jones Act negligence.” This is important because “maintenance and cure” benefits do not cover all of the costs associated with job-related injuries. If your employer is responsible for your injury (for example, if it failed to follow any necessary safety precautions), then a Georgia maritime accident lawyer can help you file a claim for full compensation. Right to Sue for Unseaworthiness If you got injured because your shrimp boat was unsafe, you may also be able […]

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How Do You Claim Benefits for a Commercial Diving Accident?

Maritime Law May 14, 2021

Working as a commercial diver can be a dangerous job. Even if you know what you are doing and you do everything you can to keep yourself safe, you can still suffer job-related injuries and illnesses due to factors that are beyond your control. If you have gotten injured or sick while working, you will want to speak with a Florida commercial diving accident lawyer about your legal rights. You may have various claims for benefits, and an experienced lawyer can help you collect the benefits you deserve. Types of Benefits Available to Commercial Divers As a commercial diver, your legal rights depend on several different factors. However, two of the most important factors are: (i) where you were working when you got sick or injured, and (ii) your relationship with your employer (i.e. whether you are an employee or an independent contractor). 1. Jones Act Benefits Some commercial divers are eligible for benefits under the Jones Act. The Jones Act applies to employees who qualify as “seamen,” and it allows eligible divers to file two different types of claims. Commercial divers who qualify as seamen can seek “no-fault” maintenance and cure benefits, and they can also sue their employers for Jones Act negligence. 2. LHWCA and OCSLA Benefits If you don’t qualify as a seaman under the Jones Act, then you may be eligible for benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA) or the Outer Continental Shelf Lands Act (OCSLA). These are federal workers’ compensation statutes […]

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