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.
Sunday, June 7, 2009
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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