In the aftermath of a maritime injury , proper documentation can have a significant impact on the outcome of any resulting claim. It can influence an injured worker’s ability to prove negligence under the Jones Act or that an injury qualifies under the Longshore and Harbor Workers’ Compensation Act . It might influence the outcome of a claim of unseaworthiness and the perceived value of an injured ...
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The captain goes down with the ship. This maritime tradition is as old as the industry itself, but what about its modern application? Does the captain really have to go down with their ship, or does the maxim apply more to a captain’s obligation to do everything possible to rescue others if their vessel is sinking? It seems the latter is true, but there’s a bit more to it. On the evening of ...
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Marine terminals can be very dangerous places for workers. The presence of heavy machinery and equipment, barges and other vessels, mooring lines , and heavy containers all place workers at risk of suffering catastrophic injuries. Falls are one of the most prevalent. Longshoremen at marine terminals may sustain life-altering or fatal injuries in falls from heights or into the water . In many ...
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Working offshore can be dangerous. Crew members can experience life-changing or fatal injuries in accidents on deck, after falling overboard , or in devastating blowouts , fires , or explosions . When these incidents occur, some workers quickly find that the companies they have put their lives on the line for are not interested in helping them recover. Instead, these workers experience pressure to ...
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When a maritime worker is injured because of the negligence of the owner or operator of the vessel or another seaman, they have the right to seek compensation under the Jones Act . There are specific qualifications to be eligible under the Jones Act, however, including classification as a “ seaman .” A seaman is a person who is employed by the vessel owner or operator and spends at least 30% of ...
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On December 8, 2021, President Biden signed an executive order calling on the Federal Government “to lead by example in order to achieve a carbon pollution-free electricity sector by 2035 and net-zero emissions economy-wide by no later than 2050.” One of the key parts of this will be harnessing the power of offshore wind. Biden’s plan calls for the United States to generate 30 gigawatts of ...
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Posted By Arnold & Itkin LLP
One of the cornerstones of maritime law involves determining the seaworthiness of a vessel. Seaworthiness describes a vessel’s condition and whether it is in the proper condition to safely operate on open water. When a vessel is unseaworthy, it can place the safety of everyone on board at risk and can cause serious injuries or death . Maritime employers are required to maintain seaworthy vessels. ...
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Posted By Arnold & Itkin LLP
When people think of the Jones Act and the benefits it offers to maritime workers, they often think of crews on commercial fishing vessels , oil platforms , barges , and jack-up rigs . These may be the most well-known in the offshore industry, but there are other maritime workers who are at just as high of a risk of harm and who need the protection that the Jones Act and other applicable laws have ...
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Posted By Arnold & Itkin LLP
While Louisiana’s offshore industry is known thanks to the state’s oil industry, not every Louisianan offshore worker is on an oil rig. In fact, many residents of Louisiana are employed on one of the state’s many riverboat casinos. Louisiana is known for its riverboat casinos, which are old-fashioned paddlewheel boats like you might see in a Western movie or television show. Many of today's ...
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Posted By Arnold & Itkin LLP
When workers sustain offshore injuries, defense attorneys often try to limit their ability to recover losses by asserting that they were injured before the accident. They argue that preexisting conditions can exasperate injuries caused by accidents and, as a result, mitigate or eliminate a company’s responsibility to provide compensation for them. Using pre-existing medical conditions as a defense ...
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Posted By Arnold and Itkin, LLP
When vessels are navigating inland waterways, there’s a set of right-of-way rules that they’re supposed to follow. These rules, commonly known as the Rules of the Road, dictate how vessels should behave when crossing paths. The term “rules of the road” is used because the process is similar to the way that cars behave at unmarked intersections. The Rules of the Road are published by the United ...
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Posted By Arnold & Itkin LLP
Offshore oil and gas production is complex, involving many different players and facets. Essentially, the industry involves two main tasks: extracting the materials and transferring them to a refinery to be prepared for sale. These tasks involve two main types of different yet equally important equipment: vessels and platforms (also called rigs). Platforms are stationary structures while vessels ...
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Posted By Arnold & Itkin LLP
Understanding how your nationality or the flag of your vessel can affect your ability to file an injury claim starts with understanding the Jones Act and why it was created. Accidents can and often do happen to fishermen, oil rig workers, cruise ship crew members, and other offshore workers. Yet, for many years, injured offshore workers couldn’t recover the compensation that they needed to recover ...
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Posted By Arnold & Itkin LLP
Most offshore injury claims come from incidents that occur in the maritime field such as slip and falls , rigging accidents , or other common dangers . However, one of the most dangerous and constant challenges an offshore worker can face is cold exposure. If a maritime worker is exposed to frigid waters, they could suffer from hypothermia, frostbite, or other severe complications. Maritime ...
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Posted By Arnold & Itkin LLP
The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides benefits for maritime workers injured on the job that are not covered under state workers’ compensation law and do not qualify as a seaman under the Jones Act . LHWCA is a federal statute similar to state workers’ compensation programs in that the LHWCA bars injured employees from filing a lawsuit against their employer. However, ...
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Posted By Arnold & Itkin LLP
In 2017, the Jones Act received criticism for how it affected the people of Puerto Rico. After the island was devastated by Hurricane Maria, the people of Puerto Rico had no power, no infrastructure, destroyed homes, and ruined agriculture. Critics of the Jones Act pointed out that the Jones Act wasn’t being helpful for recovery efforts for Puerto Rico. Specifically, they said that the law made it ...
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Posted By Arnold & Itkin LLP
The International Convention for the Safety of Life at Sea (SOLAS) is an international maritime law that governs safety on merchant ships. The first version of the law was created in 1914. It was created in response to the Titanic disaster, the now infamous cruise liner sinking that claimed the lives of nearly 1,500 people. The creators of the treaty designed it to prevent the preventable loss of ...
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Posted By Arnold & Itkin LLP
Maritime laws are relevant to anyone who works on or travels across open water, from the Gulf of Mexico to the Bering Sea and beyond. Maritime laws are some of the oldest in the world—many of them descend from rules created by shippers as early as the 6th century. This means that maritime laws are some of the longest-used laws in the history of civilization. Today, maritime law is interchangeable ...
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Posted By Arnold & Itkin LLP
In November of 2018, the Supreme Court heard arguments for a class action lawsuit involving asbestos-related injuries caused by bare-metal items. The lawsuit described “bare-metal” products as those that required asbestos to work but sold without asbestos. The lawsuit was filed on behalf of two Navy veterans who asserted that they developed cancer because of the asbestos they used on bare-metal ...
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Posted By Arnold & Itkin LLP
Ever since 1607, the destiny of the United States has largely been decided on the seas. Of the original 13 colonies, 12 sat on the Atlantic coast, making each colony a seafaring state to varying degrees. Some of our nation’s greatest advancements depended on our ability to travel across the ocean—from our ability to trade with Britain, to our involvement in the World Wars hundreds of years later. ...
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Posted By Arnold & Itkin LLP
When an individual is injured in a maritime accident, they may be able to file a claim for their medical costs, lost wages, and living expenses during recovery. However, depending on the specific details of your case, you may have limited time to do so—this is known as the statute of limitations. In cases that fall under offshore and maritime law, the Uniform Statute of Limitations for Maritime ...
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When an injury occurs at sea, offshore workers have legal rights and the ability to seek compensation under the Jones Act. It's vital to file your claim where you're likely to find a sympathetic jury. See, not all courts treat cases identically. A jury of your "peers" could have wildly different attitudes about offshore work, business, and personal injury claims in different regions of the U.S. ...
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Posted By Arnold & Itkin LLP
Seven years ago, BP’s Deepwater Horizon oil platform exploded and sank to the bottom of the ocean. The government was called to action due to the explosion—and act it did. The Obama administration put more regulations on the oil industry than ever before. However, the Trump administration has set its sights on lowering the regulations for company profits. The Claim That Obama Regulations Were Too ...
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Posted By Arnold & Itkin LLP
The Merchant Marine Act of 1920, or the Jones Act , was a federal statute implemented into American history 97 years ago. The Jones Act was created in response to American shipping issues during World War I. During World War I, America suffered from a lack of trading vessels as trade ships were used for the war effort and could not continue on their mercantile routes. To make America more prepared ...
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Tragically, marine accidents are an all-too-common incident. In many cases, these accidents are caused by a dangerous weather condition, or by human error such as employer or worker negligence or distraction. Unfortunately, there are also times when these terrible accidents occur because a captain or worker was under the influence of alcohol or drugs. For example, in 1989 an accident known as the ...
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