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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

In order to determine which law protects you, you will need to speak with an experienced maritime injury lawyer. You should do so as soon as possible, as waiting any longer than necessary could make it more difficult to collect the benefits you deserve.

2. Many Types of Benefits are Available on a “No Fault” Basis

Many of the types of benefits that are available to injured longshore, harbor and maritime workers in South Carolina are available on a “no fault” basis. This means that you do not need to prove that your employer (or any other company) was at fault in order to receive benefits. However, recovering full “no fault” benefits can still be challenging, so it will be important for you to rely on the advice and representation of an experienced maritime injury lawyer.

3. Proving Fault May Allow You to Collect Additional Compensation

One of the drawbacks of filing a claim for “no fault” benefits is that these benefits will not cover all of your injury-related losses. At most, they typically cover injured workers’ medical bills and a portion of their lost wages. However, if your maritime injury lawyer can prove that your employer (or another company) was at fault in causing your injury, then your lawyer may be able to help you collect full compensation. This includes compensation for your medical bills, loss of income, pain and suffering, and other financial and non-financial losses.

Request a Free Consultation with Maritime Injury Lawyer David Willis

Were you injured in Charleston, South Carolina? To discuss your legal rights with maritime injury lawyer David Willis, call 800-468-4878 or request a free consultation online now.

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