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

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 Working at a Port, Terminal, 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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FAQs: How Much Can I Recover Under the OCSLA?

Maritime Law Mar 26, 2021

If you work on an oil rig, platform or other fixed structure offshore, recovering your losses after an on-the-job injury will probably involve filing a claim under the Outer Continental Shelf Lands Act (OCSLA). In this article, offshore accident lawyer David Willis explains what you need to know about your legal rights under the OCSLA. Who is Eligible to File a Claim Under the OCSLA? The OCSLA applies to offshore employees who work on rigs, platforms and other structures affixed to the outer continental shelf. It also applies to many offshore pipeline workers. In most areas around the United States, the outer continental shelf extends from about three to nine nautical miles from the coast to 200 nautical miles offshore. What Types of Benefits are Available Under the OCSLA? The benefits that are available under the OCSLA are similar to those that are available under state workers’ compensation laws. In most cases, injured workers who qualify for benefits under the OCSLA can recover: Medical Benefits – These benefits cover the cost of treating your injury. Disability Benefits – These benefits cover a portion of your lost wages if you are unable to work. Rehabilitation and Retraining Benefits – These benefits cover the cost of getting back to work if your injury prevents you from returning to your old job. Under the OCSLA, death benefits are also available to surviving family members. If you have lost a loved one working on the continental shelf, you will want to hire an offshore […]

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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 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 Act […]

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Help for Barge Accidents in Texas

Uncategorized Mar 12, 2021

Barges are popular flat-bottomed vessels that were built mostly for the transportation of bulk goods, cargo, and sometimes passengers via rivers and canals. Millions of Americans work aboard barges or other vessels each year. Barge work can be dangerous. Unfortunately, sometimes barge workers are hurt during the course and scope of their employment in the barge industry. Texas barge workers injured while working should contact a Texas Barge Accident Lawyer immediately for guidance on their case. Accidents Facing Texas Maritime Workers Working on Barges Sometimes workers aboard barges are injured from malfunctions such as an engine breakdown which can cause safety issues to workers and can cause collisions with other vessels. Failure to properly inspect and maintain engines and other equipment on a barge can also cause workers to be injured.  Another reason barge workers may be injured includes faulty ventilation. Workers often have to work in confined and enclosed spaces. If they do not have adequate ventilation to create a safe atmosphere, workers can become ill by breathing in air that is filled with deadly hazards (such as toxic chemicals from barge storage tanks that were released into the air). Additionally, insufficient crew members aboard a vessel during a work trip is important for safety. Not having sufficient crewmembers aboard a barge to carry out necessary operations such as lifting heavy ropes and cables can create safety issues for workers aboard the barge. These issues can cause a variety of different accidents to occur causing serious injuries to maritime […]

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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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