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Monthly Archives: June 2022

Can I File a Jones Act or LHWCA Claim if I Slipped on Algae?

Jones Act Jun 30, 2022

Algae is a persistent issue on all types of vessels. It can present risks for land-based maritime workers as well. If you are an offshore or maritime worker and you got injured slipping on algae, what are your legal rights? Here’s what you need to know: Why is Algae So Slippery? Algae is a type of marine organism that can grow extremely quickly under the right conditions. Moist and warm environments are ideal for algae, which can “bloom” on an extraordinary scale overnight. However, algae can also grow slowly over time, and as algae builds up on ship decks and other surfaces, it can become very slippery. This is due to a combination of algae’s high water content, durable structure, and smooth texture. In fact, studies have shown that wet algae can even be more slippery than ice—though just barely. While studies have found ice to have a coefficient of friction of 0.017, algae’s coefficient of friction can be as low as 0.015. If you think about how dangerous it can be to walk on ice, you can get an idea of the dangers of walking on algae on the job. Offshore and maritime workers also face a high risk of slipping on algae because most walking surfaces in the maritime work environment are designed to prevent slips and falls. If you are used to walking on a ship deck that is textured to provide traction, you might not be prepared for the slip-and-fall risk of stepping on algae. This […]

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Surveillance After a Maritime Injury

Maritime Injuries Jun 23, 2022

If you work in the maritime industry and you have been injured on the job, there is a good chance that you are entitled to compensation under the Jones Act or another federal maritime law. But, even if you are clearly entitled to compensation, your employer’s insurance company will try to fight your claim by all means available—and this may include conducting surveillance. Louisiana maritime injury attorney David Willis explains. Insurance Companies Regularly Conduct Surveillance of Maritime Workers When you file a claim under the Jones Act or Longshore and Harbor Workers’ Compensation Act (LHWCA), you may get the feeling that you are being watched. If you do, you could be under surveillance. Insurance companies conduct surveillance of workers who have filed Jones Act and LHWCA claims for two main reasons: To Uncover Fraud – The insurance company may be following you to see if you are truly injured. In some cases, workers who have not injured file claims in hopes of collecting benefits, and the insurance companies will go to great lengths to uncover this type of fraud. To See if You are Taking Care of Your Injuries – Even if the insurance company isn’t trying to accuse you of fraud, it may be trying to blame you for failing to take care of your injuries. If your recovery is taking longer than it should because you are ignoring your doctor’s advice, the insurance company will want to use this against you. In addition to following injured workers, insurance […]

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Barge Cleaner Accidents

Barge Injuries Jun 16, 2022

If you clean barges for a living, you face health and safety risks on a daily basis. Barges transport oil, coal, trash, debris, and various types of chemicals; and, once they have been emptied, they need to be cleaned. But, cleaning an emptied barge can be extremely dangerous, and many barge cleaners find themselves in need of an experienced Texas maritime injury lawyer. Understanding the Risks You Face as a Barge Cleaner Barge cleaners face both visible and invisible risks when doing their jobs. Unfortunately, while companies are supposed to ensure that their barge cleaners are working in safe environments, many do not. As a result, barge cleaners routinely face risks such as: Biological Hazards – Working in close proximity to sewage, decomposing material, mold, and other biological hazards can expose barge cleaners to various health risks. Flammable and Combustible Materials – Oil and fuel residue, trash, uncontrolled electricity, and other fire and combustion risks can leave barge cleaners suffering from severe burns, if not life-threatening injuries. Exposure to Harmful Fumes and Particulates – Breathing in fumes and particulates can cause lung damage and respiratory conditions that can affect barge cleaners for the rest of their lives. Exposure to Harmful Noise – When working inside of barges, barge cleaners can be exposed to noises that are loud enough to cause ear injuries and temporary or permanent hearing impairment. Exposure to Toxic Chemicals – Skin exposure to toxic chemicals can also cause severe and painful burns, and these injuries can leave […]

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Can You File a Jones Act Claim for a Repetitive Stress Injury?

Offshore Injuries Jun 9, 2022

In many maritime and offshore occupations, workers perform the same repetitive movements day in and day out. Whether you are a welder, you operate a shrimp net, you clean barges, or you are an engineer or able seaman, there is a good chance that your job entails repeating the same motions on a daily basis. This type of repetitive stress frequently leads to injuries, and maritime workers who suffer these injuries often face expensive medical bills and missed time from work. If you have a repetitive stress injury, can you file a claim under the Jones Act? Alabama offshore injury attorney David Willis explains. The Jones Act Covers Repetitive Stress Injuries The Jones Act covers all types of job-related injuries. This includes injuries caused by repetitive stress.  While most people think of job-related injuries as those caused by accidents (i.e., slips, falls, collisions, and falls overboard), repetitive stress injuries are actually among the most common types of injuries resulting in days missed from work. A key aspect of the Jones Act is that it covers qualifying maritime workers’ injuries regardless of how they got injured (with only very limited exceptions). This means you do not need to prove your employer is responsible in order to file for Jones Act benefits. While employers are responsible for workers’ injuries in many cases, proof of fault isn’t necessary; and if you can prove that your employer is responsible, then you can seek additional compensation for Jones Act negligence. So, if you qualify as […]

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