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Longshore & Harbor Workers' Compensation Act’ Category
OSHA Releases Document Addressing Safety for Workers in Shipbreaking Industry
Wednesday, June 23rd, 2010
As a maritime lawyer, I represent not just injured Jones Act seamen, but also handle longshoreman, dockworkers and shipyard workers claims. The Department Of Labor's Occupational Safety and Health Administration has just released a new document about the safety of shipyard workers.
The document includes a myriad range of risks that workers in the ship breaking industry are exposed to, and steps employers can take to mitigate these hazards: These risks include:
Maritime Lawyer Discusses Situs Requirements in Cammilleri v. Tenico Corp
Saturday, April 10th, 2010
The term “situs” in maritime law broadly refers to the site or location where the injury occurred. This can have a major effect on your claim under the Longshore and Harbor Workers’ Compensation Act.
In Cammilleri v. Tenico Corp, a sheet metal mechanic was denied benefits under the Longshore and Harbor Workers Compensation Act, because he did not meet situs requirements under these laws. The claimant Alan Bergstrom, was sent on work to Hawaii. His commercial plane trips were paid for by his employer. After he came back, Bergstrom developed pain in his legs, which was diagnosed as...
Hospital Eligible for Same Reimbursement as Longshore Worker: Maritime Lawyer Analysis
Saturday, April 10th, 2010
This post is part of my ongoing analysis of important judicial decisions and rulings that impacted maritime law in 2009.
In St. Mary's Regional Medical Center vs. Bath Iron Works, the Maine Supreme Court held that a hospital is eligible for reimbursement of medical bills based on the same principles that apply to a worker.
A worker who is injured and is eligible for compensation both under the Longshore and Harbor Workers’ Compensation Act and the state compensation laws, can choose which statutes he wants to recover compensation under. Sometimes, a worker may recover first under one set of...
Amendments to the LHWCA: Maritime Lawyer Discusses Ramifications for Injured Workers
Thursday, March 11th, 2010
This post is part of my continuing series on important court rulings over the past year that impact maritime injury claims.
In 2009, the US Senate and the House of Representatives voted to implement an amendment to the Longshore and Harbor Worker’s Compensation Act. Subsection F of 33 USC 902 (3) earlier included persons employed in the building, repairs, or dismantling of any recreational vessels below 65 feet. Under the amendment, individuals engaged in building or repairs of a recreational vessel below 65 feet in length, are included as longshore men. So now, workers who are engaged in repairing recreational...
Jones Act Seamen and Injuries from Asbestos Exposure
Thursday, February 18th, 2010
The maritime industry can place workers at a high risk for exposure to asbestos. The risk of such exposure has declined since authorities awoke to the danger of asbestos, and set limitations on exposure limits. Among the workers who were most heavily exposed to asbestos were shipyard and shipbuilding industry workers.
These workers, especially those who were working in the industry before restrictions on asbestos exposure were imposed back in 80s, could be at a high risk for asbestos-related conditions, like mesothelioma. This is a cancer that affects the lining of the lungs. A person afflicted with this deadly disease...
Longshore Men in Port of Charleston to Lose Health Benefits
Monday, January 11th, 2010
Longshore men at the Port of Charleston could stand to lose their health insurance benefits in January, because they did not work enough number of hours last year to qualify for benefits. It’s just one story that shows maritime attorneys the constant perils these workers face, and the kind of job insecurities they have.
As the recession continued to rage over the past 12 months, container traffic dipped in many of the country’s ports and the Port of Charleston fared no better. Traffic was down approximately 27 percent between July and October 2009, compared to the same period...
Miami Maritime Companies Face Penalties over Longshoreman’s Death
Monday, January 11th, 2010
Four maritime companies in Miami may be fined for their role in the death of a longshoreman at a terminal in May.
The victim worked for Miami Stevedoring Services, and had gone missing for two days. He seems to have fallen overboard from a container on a cargo vessel, and died from his fall injuries. The Occupational Safety and Health Administration has begun investigations into the accident, as it normally does when a fatality is involved.
The agency has found Miami Stevedoring Services in violation of OSHA rules, because it exposed workers to the risks of falls. The company was also...
Jones Act vs. LHWCA – Which One Applies to You?
Sunday, January 10th, 2010
Determining whether you’re covered under the Jones Act or the Longshore and Harbor Workers’ Compensation Act is a big part of filing your claim. While these matters can be complex, broadly, it’s important for you to know these things:
Jones Act claims are typically filed by seamen. Examples would be crew members on a cargo ship, tanker, fishing vessel, cruise liners, barges, tugboats, semi submersible rigs, and offshore rigs. A seaman must fulfill three essential conditions to be considered a Jones Act seaman.
- He must be assigned to a vessel or a fleet of vessels.
- The vessel must be in navigation.
- He must...
