Bellevue Boat and Maritime Accident Lawyer
Employers are obligated to protect their workers by providing a safe working environment, and if they fail to do so, they should be held liable for damages. Maritime Accidents and Injuries In such a dangerous occupation, the risk of succumbing to an accident is present every day in a maritime worker’s world.
Overworked seamen who are expected to continue working prolonged hours are at a much higher risk of accidents and injuries when compared to those who are given enough breaks and rest time to properly do their jobs. Other accident reasons include: Broken winches and coiled cables Broken equipment Cargo handling failure, such as broken bundle straps and other defective parts Falling overboard or slipping due to unkempt work areas and wet surfaces Electrical and power generation issues Lack of safety gear and equipment Lack of required safety training Lack of ventilation in enclosed spaces If you or a loved one were involved in a maritime accident, we offer a free Maritime Injury information about your rights and options.
Legal Rights and Options for Maritime Workers
Several acts and regulations were set in place to protect maritime workers in the event of injury or death. Poor training, lack of safety gear, unsafe work areas, malfunctioning equipment, and overexertion are just a few among the many instances in which employer negligence causes accidents and injuries. As mentioned earlier, employers have the obligation to protect their workers while on the job, which includes providing adequate training and safety gear, and a safe environment to work in with functioning equipment.
The Longshore Harbor and Workers’ Compensation Act While the Jones Act protects seamen if injured, the Longshore Harbor and Workers’ Compensation Act protects maritime workers whose work is based on shore, but otherwise considered offshore work. In other words, LHWCA protects maritime workers that the Jones Act may not cover.
Financial Compensation for Maritime Workers Financial compensation is available to maritime workers who’ve been injured while working, but the amount will greatly depend upon the circumstances surrounding the accident and the severity of the injuries. Maritime Workers Who are Not Seamen are Covered by the Longshore Act The Longshore and Harbor Workers’ Compensation Act is a federal workers’ compensation act that governs workers’ compensation for maritime employees, among other types of employees.
The Longshore Act covers the majority of employees who work on or near the water and who are not seamen. The types of employees who are covered by the Longshore Act are people like longshoremen, harbor workers, and most other people who work on docks and in shipping terminals or shipyards. The Longshore Act is a standard workers’ compensation act, not unlike state workers’ compensation acts.
A very important difference between the Longshore Act and most state workers’ compensation acts is that the Longshore Act generally provides more compensation to the injured worker than most state workers’ compensation acts do. First, temporary total disability benefits under many state workers’ compensation laws are only 60% of the employee’s average weekly wage, while they are 66 2/3% under the Longshore Act. Second, many state workers’ compensation acts do not provide compensation for workers who have a permanent partial disability, while the Longshore Act does provide coverage for this class of disability.
McNeese & Trotsky – Personal Injury Attorneys
11711 SE 8th St. #301
Bellevue, WA, 98005