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What to Know About Boating Under the Influence

Maritime Injuries Sep 16, 2020

“Tennessee is one of the nation’s leading states offering recreational waterways,” according to state government officials.  Many people either work aboard a vessel (such as a barge) or enjoy recreational boating in Tennessee ports and waterways each year.  Unfortunately, some engage in a very dangerous activity known as “boating under the influence” or BUI, which can cause serious bodily injuries to those impacted by it. It bears mentioning that all 50 U.S. states have laws regarding alcohol consumption and operating a boat.  Below is some important information that our Tennessee barge accident lawyer wants you to consider regarding boating (or, in some cases, barging) under the influence.  What Do Most State Laws Say About Boating Under the Influence (BUI)? In several states, the laws that regulate drinking and operating a boat or vessel are similar to those associated with drinking and driving a motor vehicle. It is illegal to operate a boat with a blood alcohol concentration (BAC) of .08% or greater in most states. The same limit is usually true for operating any other vessel. This is partly because, in 1998, President Clinton advocated for the establishment of a federal standard to define what is considered legal intoxication, recommending .08% BAC level as the standard.   Following President Clinton’s initiative, several federal bills were passed, some of which would cut funding for states that did not adopt this measure.  Accordingly, all states have formally adopted .08% BAC as the standard to identify legal intoxication.  Some states have adopted additional, more […]

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Port of South Louisiana: Largest Tonnage Port in the South Dangers

Barge Injuries Sep 14, 2020

About the Port of South Louisiana The Port of South Louisiana extends along the Mississippi River between New Orleans and Baton Rouge, centering at the Port’s headquarters at LaPlace, Louisiana. This busy port is especially critical for grain shipments from the Midwest. Additionally, according to the Port of South Louisiana, this port is the largest tonnage port district in America and the western hemisphere. It is the premier gateway for export and import traffic in the United States.  Additionally, this bustling port, along with Louisiana’s other ports, including the Port of New Orleans and the Port of Baton Rouge, is important for the nation’s economy. These three ports each rank high in total trade by port as compared to all world ports. Thousands of vessels carrying large amounts of tonnage pass through these ports each year. With such high maritime traffic coming in and out of these ports each year, unfortunately, severe injuries to maritime workers, tourists, and even local residents are inevitable.  Read below for information on common injuries sustained by port workers, travelers, and the legal remedies available to compensate victims for such injuries.  Common Maritime Accidents and Injuries Sustained in Louisiana Ports Common examples of maritime accidents, such as from boats, barges, or other watercraft, that may occur in Louisiana ports include but are not limited to: collisions with other vessels, fires, slips and falls from wet surfaces, and equipment malfunctions. Injuries sustained from these types of accidents can cause serious injuries such as: Drowning Fractured and […]

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Barge Accidents Lawyer

Barge accident attorney David Willis brings more than 40 years’ experience to representing injured barge workers nationwide. If you were injured while working on a tugboat or barge, the Jones Act and other maritime laws may protect you, and you may be entitled to financial compensation for your medical expenses, your inability to work, and your other losses. David Willis can help you protect your rights, and he can help you seek maximum compensation for your barge injury. To learn more, schedule a free initial consultation at the Willis Law Firm today. Requirements to Pursue a Barge Injury Claim Here are five key steps involved in recovering just compensation for a barge accident injury: 1. Report the Accident to Your Employer Generally speaking, you should report any job-related injuries to your employer as soon as possible. If you fill out a report, take your time to accurately describe what happened, and do not let your employer force you to change your version of the events. 2. File Your Claim Within the Statute of Limitations All maritime injury claims are subject to “statutes of limitations.” These are laws that limit the amount of time you have to file a claim; and, if you wait too long, you could lose your legal rights entirely. Different laws have different limitations periods, so you should be sure to seek advice from a barge accident attorney as soon as possible. 3. Secure Key Evidence to Support Your Claim If possible, you should try to collect […]

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Indiana

Indiana Barge Accident Lawyer Explains Maritime Injuries for Workers Injured on an Indiana Vessel The state of Indiana, also known as the Hawkeye State, has a substantial amount of maritime traffic in and out of its various waterways each year. Indiana’s waterways are busy with maritime employees working aboard vessels such as barges and tugboats whereby these workers perform dangerous maritime work such as towing other vessels in distress and carrying cargo and toxic chemicals such as jet fuel, benzene, xylene, toluene, gasoline. Unfortunately, due to the negligence of vessel owners and operators, many Indiana maritime workers are injured each year and require the assistance of our Indiana barge accident and tugboat accident attorneys.  Negligent Companies Our Indiana Maritime Team Sues With over 40 years of representing clients who were injured performing a variety of different maritime related work activities, Willis Law Firm has obtained recoveries from a long list of maritime companies. Some companies we have sued, include but are not limited to: Diamond Offshore Kirby Texaco Marine Drilling & Gas Industry Murphy Oil Corporation Petroleum Geo-Services If you are an injured maritime worker who was hurt because of the negligence of one of these companies, or another maritime company, Willis Law Firm is happy to advise you as to your rights and help fight for the compensation you and your family deserves. Crew Members Our Indiana Barge Accident Lawyer and Tugboat Accident Attorney Represent Our Indiana barge accident lawyer has represented a variety of different maritime workers such […]

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California

Injured in a Maritime Accident in California? Talk to an Experienced Attorney Covering more than half of the West Coast of the United States and with numerous bays, ports and other inland waterways, California is a prime location for companies involved in container shipping, as well as the overseas cargo industry, crude oil transportation and other offshore maritime operations. This means that maritime workers along the coast and inland have many opportunities to find work. Unfortunately, these opportunities are often extremely risky, leading to serious – and sometimes fatal – injuries. At the Willis Law Firm, we represent seamen and other maritime workers in California who have suffered illnesses and injuries on the job. These often include things like: broken bones, burns, electrocution injuries, head injuries, injuries from slips and falls, neck and back injuries, and illnesses resulting from exposure to hazardous chemicals. Regardless of your illness or injury, the Jones Act and other maritime laws may entitle you to compensation. To find out if you have a claim, contact the Willis Law Firm today. What to Do After a Maritime Accident If you are a seaman or maritime worker who has been injured on a ship, barge, drilling rig, tug boat, or any other type of vessel or offshore structure, you need to obtain legal advice as soon as possible. Every accident and injury case is different so it is very important to discuss your situation with a lawyer who has extensive experience helping maritime workers recover all of […]

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Outer Continental Shelf Lands Act (OCSLA)

What is the Outer Continental Shelf Lands Act? If you work on an offshore platform, oil rig and other fixed structure, you may already know a co-worker who has recovered benefits under the Outer Continental Shelf Lands Act (OCSLA). The OCSLA was passed by U.S. Congress in 1953 in an effort to extend the Longshore Harbor and Worker’s Compensation Act (LHWCA) to maritime employees working on the Outer Continental Shelf. Under section 1331(a) of the OCSLA, the “Outer Continental Shelf” is defined as “all submerged lands lying seaward and outside of the area of lands beneath navigable waters . . . and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.” Longshoremen, harbor workers and individuals working on oil rigs and platforms, dock men, ship builders and ship repairers are typically the types of employees who are eligible to collect compensation and benefits under the OCSLA. While the OCSLA is meant to be an extension of the LHWCA, there are many legal nuances under the Act that can make it very difficult to determine whether your case actually falls within the Act’s protections. If you have been involved in an accident on the Outer Continental Shelf it is in your best interest to speak with an offshore injury attorney who can properly analyze your accident to determine which laws will govern your claim. What Benefits are Available Under the OCSLA? The compensation and benefits provided under OCSLA are similar to […]

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Maritime Law Glossary

The legal terms and phrases used in Jones Act claims and General Maritime Law cases can be confusing and difficult to sort through on your own. The Willis Law Firm has worked to develop a list of common maritime terms with straightforward definitions to help maritime workers and their families better understand the laws and regulations that are designed to protect them. Admiralty Law. Admiralty law, more commonly known as “maritime law,” refers to the body of law that governs and regulates maritime activities taking place on navigable waters, including accidents involving maritime workers. Death on the High Seas Act (DOHSA). DOHSA permits the spouse, parents, children, and dependent relatives of a deceased worker to recover certain damages when a death takes place in international waters – more than three miles from U.S. Shores. Jones Act. The Jones Act is a federal statute that provides legal rights and protections to seamen who are injured while in the service of a ship or vessel. The Act governs the liability of maritime employers and vessels operators when a job-related injury, illness or death occurs. Jones Act Negligence Suit. The Jones Act permits seamen to file a negligence lawsuit against their employers when they are injured in the course or scope of their employment due to negligence of their employer or a co-worker. Limitation of Liability Act. The Limitation of Liability Act permits the owner of a vessel to petition the court to limit its liability for damages to the value of the […]

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Workers’ Compensation Benefits vs. The Jones Act

Can Injured Seaman Collect Workers’ Compensation Benefits? If you are a seaman who has been injured on a ship, barge, boat, drilling rig or other vessel or offshore structure, you may be wondering if you can collect workers’ compensation benefits from your employer. The short answer to this question is no – injured seaman are generally not eligible to file a workers compensation claim under state law. Instead, injured seaman have the right to collect benefits in the form of Maintenance and Cure under the Jones Act, which is a federal statute designed to protect seamen who are injured in the scope and course of their employment. What is the Difference? While both the Jones Act and state workers’ compensation programs provide important benefits to workers who have been injured on the job, there are many differences between the two. Workers Compensation Benefits for Maritime Workers Workers’ compensation is a state-regulated insurance program purchased by employers to cover work-related injuries and illnesses. The specific benefits provided under the workers’ compensation program are governed by the laws of the individual state. In most jurisdictions, the workers’ compensation program will provide replacement income, compensation for medical care, compensation for permanent injuries, retraining costs, and benefits to survivors if a worker is killed on the job. Injured employees are generally entitled to collect workers’ compensation benefits no matter who was at fault for the accident or injury. It is important to understand, however, that because these benefits are part of an insurance program, […]

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Do I File a Workers’ Compensation or Jones Act Claim?

When a worker is injured in the maritime industry one of the first questions asked is whether the maritime worker should file a claim for Jones Act workers’ compensation or one for Jones Act claim benefits. While state workers’ compensation insurance programs and the Jones Act both provide injured workers with important benefits and compensation, the two should not be confused. Worker’s compensation programs are state-regulated programs and the benefits provided to injured workers are established by the laws of the individual state. The Jones Act is a federal statute that provides certain rights and protections to seamen who are injured in the scope and course of their employment. It is important to understand that injured maritime workers do not have the ability to choose whether they want to pursue a workers’ compensation claim or a Jones Act claim – the law will dictate whether your claim should be filed under a state workers’ compensation system, the Jones Act or other federal and state laws that provide compensation and benefits to injured maritime workers. These worker’s compensation laws can be hard to navigate and it is always best to consult with a lawyer who has extensive experience handling maritime accidents, Jones Act insurance compensation, and Jones Act claims. Benefits Under A State Workers’ Compensation System In the vast majority of cases, individuals working in the maritime industry will not be eligible to collect state workers’ compensation benefits when they are injured on the job. Rather, injured seamen and maritime workers […]

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Offshore Construction Accidents

Serious and Catastrophic Injuries Occur on Offshore Platforms Working on an offshore construction project is a dangerous way to earn a living. Serious and catastrophic injuries occur on offshore platforms, oil rigs, vessels and other structures off U.S. coasts and around the world. These offshore accidents can be devastating and are likely to have a long and profound impact upon the lives of the injured worker and his or her family members. The offshore and marine contractors directing and overseeing offshore construction projects, including, Bechtel, Seacor, Beacon, Acergy, EZRA, DeepOcean, AMC, Danos and many others, have a legal duty to provide a safe and suitable working environment. Offshore operations are inherently dangerous and employers and companies must take appropriate steps to protect their workers from harm. Unfortunately, there are far too many instances of construction companies and third party contractors breaching their legal duties by failing to adopt proper safeguards and procedures. Offshore construction workers and other maritime employees can be seriously injured in dangerous and unsafe settings, including work environments involving: Inadequately trained workers Explosions and blowouts Crane and lifting accidents Lack of supervision or monitoring of a crew Negligent transport of personnel and workers Careless and negligent sub-contractors Transport accidents in tough seas Spills and debris on platforms, decks and vessels Improperly maintained cranes, tools and other machinery Faulty equipment Falling objects Unsafe diving conditions Texas Offshore Construction Accident Lawyer – Legal Protections for Injured Workers The majority of accidents involving offshore construction operations will fall under the […]

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Willis Law Firm, Offshore & Maritime Lawyer
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