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Monthly Archives: August 2022

Does Maritime Law Cover Accidents That Occur on Land?

Maritime Injuries Aug 31, 2022

Not all maritime workers spend their days on the water. In fact, many maritime workers have jobs that exclusively involve spending time on land. If you have a land-based job, or if you split your time between the land and the water, what are your legal rights when you get injured? Maritime Law Covers Accidents That Occur on Land in Many Cases The good news is that maritime law covers accidents that occur on land in many cases. If you work in a maritime occupation and you suffered injuries in a fall, lift accident, or any other type of accident on the job, you may be entitled to compensation under the Longshore and Harbor Workers’ Compensation Act or the Jones Act. 1. LHWCA Claims for Accidents on Land The Longshore and Harbor Workers’ Compensation Act (LHWCA) covers land-based maritime employees. This includes not only longshoremen and harbor workers but also dock hands, shipbuilders, ship repairers, lift operators, and other employees whose jobs involve working with vessels or working on maritime facilities such as docks, harbors, ports, wharfs, and marinas. The LHWCA does not cover employees whose jobs fall outside of this realm, even if they work in a maritime setting. For example, land-based office personnel, employees of clubs and recreational businesses, and aquaculture workers are not eligible to file maritime law claims (although they may be eligible to file claims under state workers’ compensation laws). For eligible maritime employees who suffer injuries on land, the LHWCA provides compensation similar to […]

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Fault & Evidence in Maritime Claims

Maritime Injuries Aug 17, 2022

If you’ve been injured on the job and need to file a claim under the Longshore and Harbor Workers’ Compensation Act (LHWCA) or the Jones Act, you must be able to prove your right to compensation. Your employer (or its insurance company) isn’t going to pay voluntarily, so it is up to you to make sure you receive the compensation you deserve. There are two key aspects to proving your legal rights after a maritime injury. The first is fault: Does fault matter? If so, how does it affect your legal rights? The second is evidence of liability: What evidence do you need to prove that you are entitled to LHWCA or Jones Act benefits? Fault in Maritime Injury Claims: When Does It Matter? Maritime accidents can result from a broad range of factors. From failure to supply necessary safety equipment to failure to maintain a seaworthy vessel, employers and vessel owners can be deemed at fault for workers’ injuries in many cases. But, workers can be responsible for their own injuries as well in some cases. So, when does fault matter? Injured maritime workers must be able to prove fault when filing the following types of claims: Jones Act Negligence – Under the Jones Act, injured maritime workers can obtain full compensation for on-the-job injuries that result from their employers’ negligence. Jones Act negligence claims require evidence of “slight” negligence or minor fault. Unseaworthiness – Maritime workers can also recover full compensation for injuries that result from unseaworthy vessels. […]

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10 Frightening Oil Rig Accident Facts

Maritime Injuries Aug 3, 2022

Working on an oil rig can be extremely dangerous. From fires and explosions to slips, trips and falls, all types of accidents present risks for serious—if not life-threatening—injuries. Statistics show that working on an oil rig is among the most dangerous jobs you can have, and each year numerous workers suffer injuries and lose their lives in accidents that could have been avoided. What makes working on an oil rig so dangerous? Just how dangerous is working on an oil rig in the open water? Here are 10 frightening facts about oil rig accidents: 1. Oil Rig Workers Are Seven Times More Likely To Be Killed On the Job Federal statistics show that oil rig workers are seven times more likely to suffer a fatal injury on the job than the average worker in the United States. This is a major difference that can be attributed to several different factors. Not only do oil rig workers perform dangerous jobs, but they are often forced to work under hazardous conditions. As a result, while approximately 1 in 200,000 workers die at work on average, about 1 in 25,000 oil rig workers will lose their lives on the job. 2. Fires and Explosions are Leading Causes of Death On Oil Rigs On average, there are more than 100 oil rig fires in the Gulf of Mexico alone each year. While many of these fires are quickly contained, some of them lead to catastrophic injuries and losses. Explosions on oil rigs and during […]

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