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Category: Maritime Injuries

What Benefits are Available to Port, Terminal and Dock Workers in Pennsylvania?

Maritime Injuries Mar 31, 2021

If you were injured working at a port, terminal or dock in Pennsylvania, you may be eligible for benefits under the Longshoreman & Harbor Workers Compensation Act (LHWCA). The LHWCA is a federal law that applies specifically to individuals employed in maritime occupations who do not work offshore or onboard vessels in navigation. A maritime accident lawyer can determine if you are eligible for benefits under the LHWCA; and, if you are, your lawyer can help you apply for maximum benefits. Benefits Available to Port, Terminal and Dock Workers Under the LHWCA Under the LHWCA, injured port, terminal and dock workers in Pennsylvania can receive three main types of benefits: 1. Medical Benefits The LHWCA provides access to medical benefits that cover, “reasonable and necessary medical, surgical, and hospital treatment and other medical supplies and services required by [a] work-related injury or illness.” You are entitled to receive treatment from a doctor of your choosing, and you are entitled to receive medical benefits until you fully recover or reach your maximum medical improvement. 2. Disability Benefits Disability benefits cover your loss of income if you are unable to work for more than three days as a result of your injury. Depending upon the extent of your injury, you may be eligible to receive: Temporary total disability benefits Temporary partial disability benefits Permanent total disability benefits Permanent partial disability benefits For most workers, disability benefits are calculated as two thirds of their weekly wage. However, this figure can be adjusted either […]

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Can I File for Workers Comp if I Work at a Port, Terminal or Dock in Wisconsin?

Maritime Injuries Mar 29, 2021

Working at ports, terminals and docks can be dangerous. From slip hazards to inexperienced coworkers, and from defective tools and equipment to unmaintained boats and ships, there are numerous issues that can lead to on-the-job injuries for port, terminal and dock workers in Wisconsin. If you have been injured on the job, you will need to determine what type of claim you can file, and it will be important for you to speak with a maritime accident attorney about your legal rights. Seeking Workers Comp as a Port, Terminal or Dock Worker in Wisconsin As a port, terminal or dock worker, you may not be eligible for benefits under Wisconsin’s workers’ compensation statute. Generally, this law applies to land-based workers employed in non-maritime occupations. Instead, recovering benefits for your injury may involve filing a claim under the Longshoreman & Harbor Workers Compensation Act (LHWCA). The LHWCA is a federal law that applies specifically to port, terminal and dock workers who are not eligible for state workers’ compensation benefits. Administered by the U.S. Department of Labor (DOL), the LHWCA provides benefits similar to those available to non-maritime employees. Under the LHWCA, available benefits include: Medical Benefits – If you are eligible for LHWCA compensation, you can obtain coverage for the full cost of receiving treatment for your injury from a doctor of your choice. Disability Benefits – The LHWCA provides disability benefits to employees who are unable to perform their job duties as a result of their injuries. The amount of […]

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Can I File for Workers Comp if I Live in North Carolina and Work Offshore?

Maritime Injuries Mar 24, 2021

If you live in North Carolina and work offshore, you probably are not eligible for benefits under the state’s workers’ compensation law. However, you may be eligible for other types of benefits. Two federal laws – the Jones Act and the Outer Continental Shelf Lands Act (OCSLA) – protect offshore workers who get injured on the job. A maritime injury attorney can assess your rights under these laws and help you collect the benefits you deserve. Understanding Your Rights as an Offshore Worker in North Carolina Lots of North Carolina residents work offshore. Whether you fish for a living, run charters, work onboard a barge or dredge, or work onboard any other commercial vessel, if you are part of North Carolina’s maritime industry, you have clear legal rights. Your Rights Under the Jones Act For most offshore workers, these rights exist under the Jones Act. The Jones Act is a federal law that applies to offshore workers who are not eligible for state workers’ compensation benefits. If you spend a substantial amount of each workday onboard a vessel “in navigation” (which can include a vessel tied up at a dock or mooring, as long as it is capable of moving), then there is a good chance that the Jones Act protects you. Under the Jones Act, injured maritime workers in North Carolina can file three types of claims: “No fault” claims for maintenance and cure benefits Claims for full compensation based on “Jones Act negligence” Claims for full compensation based […]

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What are My Rights if I was Injured Working in the Charleston Harbor?

Maritime Injuries Mar 19, 2021

The Charleston Harbor on South Carolina’s coast is currently one of the busiest harbors in the country. The South Carolina Ports harbor deepening project has dredging ships in the harbor almost every day, and barges are a constant presence as dredging material needs to be carried away in order to reach the 48-foot final depth leading up to the North Charleston Terminal. While this means that there are currently lots of job opportunities in Charleston, it also means that the risk for workers in the Charleston Harbor is higher than usual. If you have been injured working in the Charleston Harbor, here is what you need to know about hiring a maritime injury lawyer to protect your legal rights: 1. Several Laws Protect Longshore, Harbor and Maritime Workers in South Carolina There are several laws that protect workers involved in all aspects of the maritime industry in South Carolina. Whether you run charters out to the reefs off of South Carolina’s coast, you work on a barge or tugboat, you work on a cargo ship or any other type of vessel, or you work at one of the Charleston area’s many ports or marinas, there is a law that is designed specifically to protect workers like you. In most cases, injured longshore, harbor and maritime workers in South Carolina will be able to collect benefits under one of the following laws: Jones Act Longshoreman & Harbor Workers Compensation Act (LHWCA) Outer Continental Shelf Lands Act (OCSLA) South Carolina’s Workers Compensation […]

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What Laws Protect Texas Tugboat Workers?

Maritime Injuries Mar 4, 2021

Texas Tugboat Accident Lawyer for Injured Seaman  Maritime work, such as work performed aboard a tugboat, is one of the most dangerous industries to work in. In fact, according to the National Institute for Occupational and Health (NIOSH), from 2011-2017, fatal injuries for maritime workers in marine ports and terminals in the United States occurred at a rate five times that of the U.S. workforce overall. Nonfatal injuries and illnesses during that same time period were nearly double that of the U.S. workforce overall.  Work performed aboard a tugboat involves the towing or tugging of large vessels which can be difficult and very dangerous. Maritime employees working aboard a tugboat often perform work that is repetitive involving the performance of physical labor for long periods of time which can lead to injuries. These maritime workers also use dangerous equipment and machinery every day that can malfunction, also causing injuries to workers.  If you or a loved one were injured or killed while performing work aboard a tugboat, a Texas tugboat accident lawyer at Willis Law Firm can help you or your loved one obtain compensation for work-related injuries. Our firm is dedicated to fighting for the rights of injured maritime workers. Accidents sustained by tugboat workers can be severe. Fortunately, there are several laws that protect maritime workers. Maritime law is a specialized area of law that protects maritime workers who are injured or killed at work. The protection and compensation available to maritime workers under these laws will depend […]

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What Information Do You Need to File a Longshore and Harbor Workers Compensation Act (LHWCA) 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 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 and maritime 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), […]

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What Are My Rights if I Live in Virginia and Was 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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Maritime Accidents Common in Offshore Occupations

Maritime Injuries Jan 29, 2021

As an offshore worker, you face injury risks on a daily basis. While most of these risks pass, it only takes one incident to cause months, years, or a lifetime’s worth of pain, suffering and financial loss. To protect yourself and your family, you need to seek help, and this starts with hiring an experienced Jones Act lawyer to represent you. But, when should you hire a lawyer? What types of accidents are covered, and when is a Jones Act claim too much to handle on your own? Here’s what you need to know: Common Offshore Accidents Covered By the Jones Act and Other Laws The Jones Act (and the other laws that protect offshore workers) apply to all types of offshore accidents. If you were injured offshore, the question is not how you were injured, but rather what kind of claim you can file. All of the most common types of offshore accidents are covered, including: Slips and Trips – Slips and trips are common onboard vessels, offshore cranes and platforms, oil rigs, and other offshore locations. Common injuries include soft tissue injuries (i.e., sprains and tears), bone fractures and concussions. Falls from Height – Falls from height can cause severe and debilitating injuries. If you fell down the stairs, from an upper deck or from a height in any other scenario, you can hire a Jones Act lawyer to help you seek just compensation. Falls Overboard – Falls overboard can give rise to Jones Act and other claims […]

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