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Posts tagged "Maritime Injuries"

Federal or state law can apply to water-based accidents

One of the biggest draws for visitors to the Hawaiian Islands is the access they can have to inland and navigable waters. Boating, swimming and a host of other water-based activities and sports are all part of the active culture that residents participate in throughout the year. However, despite the rules and regulations that are in place regarding the safe use of watercrafts on local waterways, many people are hurt in incidents when their boats and other vessels are involved in accidents.

To whom does the LHWCA apply?

The Longshore and Harbor Workers' Compensation Act (LHWCA) is federal legislation that provides workers' compensation rights and benefits to individuals who work on and near navigable waters. "Near" is an important term in the understanding of how the LHWCA applies to ailing individuals, and this post will briefly discuss how certain Hawaiian workers may qualify for support from this law.

What damages may I pursue if I am hurt in a maritime accident?

There are many occupations that may require workers to perform their duties on ships, boats and other vessels. In Hawaii, where navigable waters exist off of practically every island coast, many people make their livings by taking their work onto the ocean. For those with careers that keep them at sea, The Jones Act generally covers injuries caused by their employers and their work duties.

What is the Jones Act?

When a Hawaiian worker is hurt while performing the duties of their job, there are laws in place that may provide the worker with compensation for the period of time that he or she is unable to work. Additionally, there are other laws that may give them rights to sue if their injuries are the fault of their employer. However, if that worker's job is on a ship, oilrig or other offshore vessel, the protections just mentioned may not apply to them.

What does it mean for a vessel to be unseaworthy?

The water that surrounds the islands of Hawaii provides both beautiful scenery and opportunity for commerce for the people of Honolulu. Many individuals enjoy spending time on the ocean for pleasure, but also many individuals rely on incomes from the work that they do on vessels and seagoing crafts.

Injured marine worker claims complicated

Marine construction workers in Hawaii face the risk of serious injury while using heavy equipment to restore shorelines, dredge harbors, repair bridges and construct docks. They must overcome a complicated legal structure for claim filing, payment of hospital bills and obtaining missed pay.

Workers comp may cover suicide attempts

Workers' compensation may not cover suicide even though several experts argue that there may be a connection between a work-related physical injury and a long and difficult recovery process that can lead to the taking of one's own life. Last month, in fact, a federal court in Hawaii ruled that a worker was entitled to compensation benefits for an attempted suicide attempt.

What maritime law provides compensation for injuries?

The federal Longshore and Harbor Workers' Compensation Act (LHWCA) is a form of workers' compensation for employees who are disabled from injuries suffered on the nations' navigable waters or in adjacent areas in Hawaii and elsewhere that are used for loading, unloading, maintenance or construction of maritime vessels. It also provides dependent benefits for work-related fatalities and benefits for occupational diseases.

Injuries in Hawaii waters can mean complicated legal claims

Water means life for many us in Hawaii. Commercial fishing is important industry. Tourists come by the millions every year from the mainland and all parts of the globe. Thousands take to the water every day to nature watch, explore reefs or just to get from one island to another.

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