When people are injured on the job, it instantly opens up a very large can of legal worms that can sometimes be very difficult to sort through. There can be a lot of conflicting information being thrown your way. People will be telling you about their experiences or what happened to a friend or family member, you will hear things on television and the company you work for will be trying to push forms in front of you to sign. Because of this, it can sometimes make it difficult to know who is telling the truth. However, it is important that you stop the confusion by speaking with an attorney that is aware of the laws governing your situation.
You may end up feeling a little overwhelmed with the legal terminology that is being presented to them by your lawyers and your employers, there is also the insidious nature of some injuries, wherein a small incident can actually cause a chronic and long lasting problem, or one that increases in severity of its own accord over time. When workers who were working on a seagoing vessel are injured in this fashion, one of the questions they sometimes ask themselves is how long they have to file a Jones Act claim. Especially if it has been some time since their initial accident when the injury truly begins to affect their life, this can be something they wonder about. The Jones Act does cover almost all people injured at sea; however, it is a complicated legal area, making this a very natural question.
The statute of limitations on a Jones Act case is actually three years. This means that you have up to three years from the date of your injury to file a Jones Act claim. A Jones Act lawyer can better counsel you on the specifics of how this works, but the message here is that you shouldn't let your employers pressure you into signing anything or agreeing to anything because they insinuate that time is running out. You have plenty of time to file your Jones Act case, so do not allow that to be used as means to leverage you into signing something that you don't have to.
Thursday, July 9, 2009
Monday, July 6, 2009
Are Dock Workers Protected Under the Jones Act?
The question of whether or not Dock Workers are protected under the Jones act is a complicated question of maritime law that usually has to be sorted out by a qualified maritime lawyer in order to become clear, however, there is a general guideline that can help you understand whether or not you should be looking to pursue a Jones Act case. You see, the interesting thing to remember is that, in either case, you will be covered under one element or another of maritime law. Because of this fact, seeking out a maritime lawyer is always going to be a good idea if you are injured while working on a dock.
The exact law may be more complicated than this, but here is a good guideline for establishing eligibility under the Jones Act. If you are working on a dock but are employed by a sea going vessel, even while working on the dock or in port, should you become injured, there is a good chance that you are going to be able to make a claim under the Jones Act. On the other hand, longshore and harbor workers who are actually not employed by the vessel are not covered under the Jones Act. Instead, there is a different law which protects them which is called the Longshore Harbor Worker's Compensation At.
Whichever of these situations applies to you, the important thing is going to be to consult with a qualified attorney who specializes in maritime law to see where your particular case fits in, and how to best proceed with filing a claim and getting compensation. Remember, dockworkers and ship workers both need to follow some basic advice while injured on the job, one of the most important pieces of that advice being not to sign anything that your company puts in front of you until you consult with the attorney that will be handling your case.
The exact law may be more complicated than this, but here is a good guideline for establishing eligibility under the Jones Act. If you are working on a dock but are employed by a sea going vessel, even while working on the dock or in port, should you become injured, there is a good chance that you are going to be able to make a claim under the Jones Act. On the other hand, longshore and harbor workers who are actually not employed by the vessel are not covered under the Jones Act. Instead, there is a different law which protects them which is called the Longshore Harbor Worker's Compensation At.
Whichever of these situations applies to you, the important thing is going to be to consult with a qualified attorney who specializes in maritime law to see where your particular case fits in, and how to best proceed with filing a claim and getting compensation. Remember, dockworkers and ship workers both need to follow some basic advice while injured on the job, one of the most important pieces of that advice being not to sign anything that your company puts in front of you until you consult with the attorney that will be handling your case.
Saturday, July 4, 2009
How Many Times Has the Jones Act Been Amended Since Its Creation?
Since the inception of the Jones Act in 1920 there has been a need for this federal law to be clarified more specifically. This act does set guidelines for maritime law; however, since the recent advancements in modern day life, there has been a need to reform this law time and time again.
After this bill was passed there was much controversy over how to define seamen and who would be protected by its statutes. In 1927 Congress tried to clear this controversy up through the passage of the Longshoremen's and Harbor Workers Compensation Act (LHWCA). This amendment still left dozens of unanswered questions. However, it did work to realize sailors were no longer the primary loaders and un-loaders of ships and that dockworkers had taken over this responsibility. Although this extension now excluded any crew members of vessels so there was still much to decide after this amendment.
This debate would always resurface and lawsuits would arise such as the South Chicago Coal & Dock Co. v. Bassett case which led to Congress passing the declaration of a seaman not being defined if their duties did not pertain to the ships navigation. This amendment only left more confusion and was begging for another reform.
A court case in 1955, Gianfala v. Texas Co, saw the Supreme Court state the definition of a seaman would be determined by the jury. The specification of a “seaman” came to include laborers on floating oil drilling platforms and dredges. There was still too much grey area in a very serious matter that was growing with each passing year and the result was an eruption of Jones Act litigation. This also led to nearly 100,000 Jones Act lawsuits in a ten year period between 1975 and 1985.
In 1995 the Supreme Court would finally make a better conclusion as to the defining of a modern seaman. But, after a long bout of people demanding a reform for the maritime law, this amendment was still was not enough.
There has been much debate over this matter and until the Supreme Court can clearly define what makes a sailor a sailor there will be controversy surrounding this maritime law.
After this bill was passed there was much controversy over how to define seamen and who would be protected by its statutes. In 1927 Congress tried to clear this controversy up through the passage of the Longshoremen's and Harbor Workers Compensation Act (LHWCA). This amendment still left dozens of unanswered questions. However, it did work to realize sailors were no longer the primary loaders and un-loaders of ships and that dockworkers had taken over this responsibility. Although this extension now excluded any crew members of vessels so there was still much to decide after this amendment.
This debate would always resurface and lawsuits would arise such as the South Chicago Coal & Dock Co. v. Bassett case which led to Congress passing the declaration of a seaman not being defined if their duties did not pertain to the ships navigation. This amendment only left more confusion and was begging for another reform.
A court case in 1955, Gianfala v. Texas Co, saw the Supreme Court state the definition of a seaman would be determined by the jury. The specification of a “seaman” came to include laborers on floating oil drilling platforms and dredges. There was still too much grey area in a very serious matter that was growing with each passing year and the result was an eruption of Jones Act litigation. This also led to nearly 100,000 Jones Act lawsuits in a ten year period between 1975 and 1985.
In 1995 the Supreme Court would finally make a better conclusion as to the defining of a modern seaman. But, after a long bout of people demanding a reform for the maritime law, this amendment was still was not enough.
There has been much debate over this matter and until the Supreme Court can clearly define what makes a sailor a sailor there will be controversy surrounding this maritime law.
Thursday, July 2, 2009
What Are Considered Reasonable Requests Under the Jones Act?
When you are employed as a seaman, you are protected in the event of an injury under federal law ruling and the Jones Act. The right for a seaman that is injured during a period of employment is called “maintenance and cure”. This basically defines medical benefits – known as cure – and living expenses – known as maintenance.
Being a seaman, the medical benefits you are entitled to cover hospitalization, physical therapy, doctors visits (or medical care), medication, and the facilitation of medical equipment. If you are a seaman and are in need of any of these instances due to your employment as a seaman, your employer is required to cover these payments – end of story.
If unable to work as a result of an injury or work related health endangerment, a seaman is also entitled to payments for everyday living expenses which include:
- Grocery Bills
- Utility Bills
- Cosmetic and Toiletry Expenses
- Any Other Reasonable Expenses
The only reason any of this is possible is due, in part, to the Longshoremen’s and Harbor Workers’ Compensation Act of 1927. This recognized that people were in need of a federal law to ensure seamen were protected in the same way as everyone else. This was even more important because there are countless things that could go wrong while out at sea thus making employment at sea extremely dangerous even under the safest conditions.
Sadly, not every employer is going to adhere to the guidelines and practices of the Jones Act. Due to there being so many uncovered issues with the maritime law, employers have the power to find loopholes in the act and the amendments. When dealing with any maritime law, especially in affiliation with the Jones Act, you will always want to receive consultation and be represented by a maritime law professional. An employer of seamen is required to support the legality of the Jones Act and, without proper representation; the employer could very well try to cheat you out of these compensations.
Being a seaman, the medical benefits you are entitled to cover hospitalization, physical therapy, doctors visits (or medical care), medication, and the facilitation of medical equipment. If you are a seaman and are in need of any of these instances due to your employment as a seaman, your employer is required to cover these payments – end of story.
If unable to work as a result of an injury or work related health endangerment, a seaman is also entitled to payments for everyday living expenses which include:
- Grocery Bills
- Utility Bills
- Cosmetic and Toiletry Expenses
- Any Other Reasonable Expenses
The only reason any of this is possible is due, in part, to the Longshoremen’s and Harbor Workers’ Compensation Act of 1927. This recognized that people were in need of a federal law to ensure seamen were protected in the same way as everyone else. This was even more important because there are countless things that could go wrong while out at sea thus making employment at sea extremely dangerous even under the safest conditions.
Sadly, not every employer is going to adhere to the guidelines and practices of the Jones Act. Due to there being so many uncovered issues with the maritime law, employers have the power to find loopholes in the act and the amendments. When dealing with any maritime law, especially in affiliation with the Jones Act, you will always want to receive consultation and be represented by a maritime law professional. An employer of seamen is required to support the legality of the Jones Act and, without proper representation; the employer could very well try to cheat you out of these compensations.
Sunday, June 7, 2009
What Types of Monetary Compensation Would My Family and I Be Able to Request if I was Injured While Performing My Duties at Sea?
The Longshoremen’s and Harbors’ Workers Compensation Act (LHWCA) provides adequate compensation for seaman who are injured in their line of work. This coverage provides payments for medical treatment, travel costs related to medical treatment, and services or supplies which are needed to help the recovery or treatment process. There is, of course, a lot of legality that comes into play and seeking the help of a professional maritime lawyer will always be a good first step to take.
The definition of disability in a longshoreman clause simply means the inability to perform work and receive pre-injury wages. This covers any form of disability which will entitle you to receive a weekly compensation every two weeks and will be based from a percentage of your biweekly income before you were injured. In 2006, it was estimated that the minimum compensation was $278.61 while the maximum was $1114.44.
The compensation for complete or short term disability is calculated at 2/3s the workers weekly average income. This average is determined by combining the previous 52 weeks of income. This, of course, could mean that your average might be considerably less if you suffered any periods of unemployment.
Temporary partial disability is compensated at 2/3s the weekly income loss and is based on the loss of earning potential. Permanent partial disability compensation is intended to cover the injured employee for the loss of a body part or function. This form of compensation is based on the payout schedule that is specified in the Longshoreman Act. Basically this schedule appoints a specified timeline as to how long the injured employee may receive compensation.
The LHWCA has worked to get people the coverage they need when working at sea. There are still a lot of uncovered issues surrounding these matters and you will need to speak with a maritime law professional to get the most compensation for your injury.
The definition of disability in a longshoreman clause simply means the inability to perform work and receive pre-injury wages. This covers any form of disability which will entitle you to receive a weekly compensation every two weeks and will be based from a percentage of your biweekly income before you were injured. In 2006, it was estimated that the minimum compensation was $278.61 while the maximum was $1114.44.
The compensation for complete or short term disability is calculated at 2/3s the workers weekly average income. This average is determined by combining the previous 52 weeks of income. This, of course, could mean that your average might be considerably less if you suffered any periods of unemployment.
Temporary partial disability is compensated at 2/3s the weekly income loss and is based on the loss of earning potential. Permanent partial disability compensation is intended to cover the injured employee for the loss of a body part or function. This form of compensation is based on the payout schedule that is specified in the Longshoreman Act. Basically this schedule appoints a specified timeline as to how long the injured employee may receive compensation.
The LHWCA has worked to get people the coverage they need when working at sea. There are still a lot of uncovered issues surrounding these matters and you will need to speak with a maritime law professional to get the most compensation for your injury.
Friday, June 5, 2009
Will My Family Be Entitled to Adequate Benefits if I Am Injured or Killed While Working at Sea?
The Jones Act, with help from the Longshoremen’s and Harbors’ Workers Compensation Act, helps bring financial security to dependents of seamen who lose their life at sea. This compensation extends to any dependants on that income and has been mandated to meet the needs of a seaman’s spouse, children, and family. Due to the high risks and life threatening environment these workers find themselves in on a daily basis, you can see the need for some form of legal protection over these matters.
Knowing what your rights are and getting the most compensation in the tragic event of losing a loved one at sea is something everyone should be entitled to. The federal law recognizes this, even if sometimes an employer doesn’t. If you are dependent on someone that is risking their life every time they go to work, you need to know that, if something were to happen, you are going to be taken care of after the grieving is over.
The system is basically designed to give percentages of your weekly wages to qualifying, dependant family members. The death benefits that surround maritime law are not the most amazing compensation; however, the employers are required to compensate until the family member in question can achieve financial independence, be remarried, or turn 18. There is even a $3000 dollar funeral expense that is covered under maritime law.
A surviving spouse is eligible to receive half of the weekly wage earned by the seaman. If there are children involved, then this compensation obviously increases. This is worked out by compensating the surviving dependants with half of the seaman’s weekly wage. If you have more than one child you are eligible to get 2/3s the weekly income. This will be paid until the child, or children, turn 18. There are specific circumstances that see this get extended, but is normally on a case by case basis.
Knowing what your rights are and getting the most compensation in the tragic event of losing a loved one at sea is something everyone should be entitled to. The federal law recognizes this, even if sometimes an employer doesn’t. If you are dependent on someone that is risking their life every time they go to work, you need to know that, if something were to happen, you are going to be taken care of after the grieving is over.
The system is basically designed to give percentages of your weekly wages to qualifying, dependant family members. The death benefits that surround maritime law are not the most amazing compensation; however, the employers are required to compensate until the family member in question can achieve financial independence, be remarried, or turn 18. There is even a $3000 dollar funeral expense that is covered under maritime law.
A surviving spouse is eligible to receive half of the weekly wage earned by the seaman. If there are children involved, then this compensation obviously increases. This is worked out by compensating the surviving dependants with half of the seaman’s weekly wage. If you have more than one child you are eligible to get 2/3s the weekly income. This will be paid until the child, or children, turn 18. There are specific circumstances that see this get extended, but is normally on a case by case basis.
Wednesday, June 3, 2009
What Limitations Does the Jones Act Have?
While the Jones Act is great in its intentions it does not cover many issues that are surfacing around the world today with maritime law. Since being put into federal law in 1920, the Jones Acts has undergone much scrutiny as times have changed and we see more people choosing a maritime life.
Initially, this act was designed to give rights to seamen who were serving their country and risking their lives to do so. This was a law that was passed to protect seamen from shipmasters and other crew members. While this is great in theory, we see it become outdated due to more people finding a maritime life outside of the military service.
This act was also designed for maritime people that would be out at sea for years. This means they would never be stepping a foot on land. This is the very essence of why this act was passed through Congress. Life on land and life at sea are two completely different things. People who are living at sea are susceptible to having many issues occur that endanger their lives. Something needed to be done to make sure that, during these long ventures at sea; people were protected by the rule of law.
People had been asking for a reform for years and, during the 1980s, people were demanding the Supreme Court step in and clearly state who and what this act was covering. Finally, in 1995, the Supreme Court made a ruling and modernized this – at the time – 75 year old bill.
The definition of a seaman had been reformatted to protect people who were also living on land as well as the sea. The ruling, known as Chandris, Inc. v. Latsis, stated that anyone who was contributing to the livelihood of a vessel would be protected under the Jones Act. The other side of this coin covered any sea-person as long as they contain a connection with a vessel or group of vessels and maintains a substantial time of labor and duration.
This revise of the Jones Act still leaves a lot of unanswered questions and the only real way to know for sure is to seek consultation from a maritime lawyer. So, you see, the drawbacks of the Jones Act are a product of the Supreme Court not making the necessary clarifications as to what means what in this ever changing world of maritime law.
Initially, this act was designed to give rights to seamen who were serving their country and risking their lives to do so. This was a law that was passed to protect seamen from shipmasters and other crew members. While this is great in theory, we see it become outdated due to more people finding a maritime life outside of the military service.
This act was also designed for maritime people that would be out at sea for years. This means they would never be stepping a foot on land. This is the very essence of why this act was passed through Congress. Life on land and life at sea are two completely different things. People who are living at sea are susceptible to having many issues occur that endanger their lives. Something needed to be done to make sure that, during these long ventures at sea; people were protected by the rule of law.
People had been asking for a reform for years and, during the 1980s, people were demanding the Supreme Court step in and clearly state who and what this act was covering. Finally, in 1995, the Supreme Court made a ruling and modernized this – at the time – 75 year old bill.
The definition of a seaman had been reformatted to protect people who were also living on land as well as the sea. The ruling, known as Chandris, Inc. v. Latsis, stated that anyone who was contributing to the livelihood of a vessel would be protected under the Jones Act. The other side of this coin covered any sea-person as long as they contain a connection with a vessel or group of vessels and maintains a substantial time of labor and duration.
This revise of the Jones Act still leaves a lot of unanswered questions and the only real way to know for sure is to seek consultation from a maritime lawyer. So, you see, the drawbacks of the Jones Act are a product of the Supreme Court not making the necessary clarifications as to what means what in this ever changing world of maritime law.
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