"maritime Law Attorneys: Protecting The Rights Of Longshore Workers In Rehabilitation"

 "maritime Law Attorneys: Protecting The Rights Of Longshore Workers In Rehabilitation" - Often referred to as admiralty law, maritime law is the body of US laws and regulations that govern maritime activities in navigable waters or on the high seas. Activities traditionally governed by maritime law include cargo transportation, marine rescue, passenger/worker injuries, and more. Perhaps one of the most important aspects of maritime accident law is the rights it provides to seafarers who have suffered injury or illness on the job—including the right to recover just compensation from a seafarer's employer under the JonesAct.

For those who have been involved in a marine accident or have suffered an accident at sea, we encourage you to contact our marine accident attorneys in Lake Charles, LA as soon as possible. Over the years, Lundy, Lundy, Soileau & South has successfully recovered over $1 billion in verdicts and settlements on behalf of our clients.

"maritime Law Attorneys: Protecting The Rights Of Longshore Workers In Rehabilitation"

To take the first step in your case, feel free to contact usonline or call 337-439-0707 or 800-259-1005 for a free consultation.

Seamen's Rights & Remedies: Maintenance And Cure Pt.2

Federal laws give special rights to longshoremen and sailors. More poignant is the ability to sue employers or ship owners for negligence under the JonesAct.

Our maritime lawyers will explore all possible benefits provided by your employer for compensation for your injuries, lost wages and medical care. And when appropriate, this is the case when permanent disability occurs, file a personal injury lawsuit for pain and suffering and compensation for future loss of earnings.

We have helped longshoremen and maritime workers ensure their families' futures are not compromised by the neglect of the oil industry giants. Consultations are free, call to speak with an experienced Jones Act litigation attorney today (337) 439-0707 or toll free at (800) 259-1005..Maritime law is one of the oldest and oldest areas of law practice. The United States Constitution. This type of law governs what happens to ships sailing on any navigable water, including lakes, rivers, and oceans. It also contains rules to address any type of offense that may have occurred on a vessel, including the rules for injured seamen to receive compensation after an accident at work. Our Bangor maritime injury attorneys share some answers to questions we get on a regular basis. If you need more help with a case, don't hesitate to schedule a meeting with our experienced attorneys.

Maritime Law deals with the navigation and commerce of any water using ships and other types of vessels for trade, commerce, or recreational purposes. The United States Constitution provides federal jurisdiction for cases involving accidents and/or crimes committed on navigable waters, but in some situations, individuals do not need to bring their cases in federal court and are allowed to bring their cases in a state. court or more than one jurisdiction as long as the state court can use common law principles to bring a solution to the problem that would not otherwise be found in a federal court.

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Maritime or admiralty judges usually apply maritime law principles only in cases where no injury is involved. If a case involves an injured seaman or offshore worker, it may be necessary to go to common law or a jury trial in a state court, as maritime law judges only do non-jury trials. Common law judges tend to look back to their decisions on previous cases of a similar nature - referred to as legal precedent - to influence and guide their decisions. Some cases of maritime law may require the use of common law where there is no statute addressing this specific point. In summary, cases involving injured maritime workers may require a lot of consideration when choosing which court should have jurisdiction over the case and whether the case needs to be filed in more than one court.

The Jones Act was established in part as a way for injured maritime workers to recover compensation for their losses when the accident and injury were caused by the employer's negligence. Sailors and other vessel workers are not eligible for workers' compensation benefits like their land-based counterparts. With the Jones Act, eligible individuals may be entitled to compensation for damages comparable to a land-based personal injury lawsuit. Because workers on a vessel are understood to be at a higher risk of injury or death, the Jones Act allows workers to seek compensation not only for medical expenses and economic losses, but also includes payment for pain, suffering and mental anguish which causes from the accident. In this case you can contact our personal injury lawyers.

To be eligible to file a claim under the Jones Act, an employee must play a contributing role in the work on the vessel and must demonstrate that they spend at least 30 percent of their working time on board the vessel. Some refer to this as the 30 percent Rule, and it encompasses a variety of professions - from engineers and deck hands to cooks and bartenders - as long as they spend time on board and their work contributes to the accomplishment of the vessel's mission. You can always contact us to find a marine accident lawyer in Bangor.

If you have been injured on the job while working on a vessel, it is important to understand that filing a claim is not an easy process when compared to the same process for land workers. Issues like knowing which court will have jurisdiction over your case and how much money you may be entitled to make self-representation very difficult if not impossible.

How A Houston Maritime Attorney Can Protect Your Rights: Navigating Troubled Waters

It is best to seek the help of a knowledgeable maritime law attorney who can guide you through every step of your case. At Gideon Asen LLC, our goal is to help injured offshore workers obtain maximum compensation after an injury caused by their employer's negligence. We handle maritime law and Jones Act cases in Maine, New Hampshire and Vermont and anywhere on the Atlantic Ocean. Contact us to learn about your options. The Seaman's Protection Act, 46 U.S.C. §2114 (SPA) is a federal law that has protected US maritime interests since 1984.

Congress passed the SPA in response to case law that developed in the appellate courts. He noted that the whistleblower provisions of the Occupational Safety and Health Act (OSH Act) did not cover seafarers who were demoted and released from positions aboard ships after reporting possible safety violations to authorities.

In summary, the SPA prohibits employers from taking "adverse action" against "seafarers" engaged in "protected activities" related to compliance with maritime safety laws and regulations. Notably, employers cannot seek waiver of a seaman's SPA rights by contract or general release. The Act is enforced by the Occupational Safety and Health Administration (OSHA), which investigates complaints of violations filed with the agency.

Procedures followed during administrative investigations of SPA complaints can be found at 29 C.F.R. Part 1986. The process begins when a seafarer files a Complaint with OSHA. Complaints can be oral or written and in almost any form or language. However, SPA complaints must be filed with OSHA within 180 days of the seafarer's alleged adverse action. Otherwise, the SPA claim may be barred by the statute of limitations.

Types Of Law

If the investigation proceeds, OSHA asks the respondent for a position statement. The OSHA investigator can then collect evidence and interview witnesses. If OSHA finds reasonable grounds to believe that unlawful retaliation has occurred, it will issue findings of fact and a preliminary order listing the mariner's relief.

The mariner and the respondent are permitted to settle their dispute at any time during the OSHA proceedings. However, OSHA must approve the settlement agreement.

Once OSHA publishes its findings, any party to the dispute may file an objection within 30 days and request a hearing before an administrative law judge (ALJ). The parties provide evidence in the ALJ proceeding, which often includes evidence collected by the OSHA investigator. The ALJ can then resolve the issue at a hearing. Either party or OSHA may appeal the ALJ's decision to the Department of Labor's Administrative Review Board (ARB). ARB decisions or ALJ decisions can also be reviewed by a United States Court of Appeals.

While the initial SPA complaint cannot be filed in federal court prior to OSHA's investigation, a mariner may bring an action de novo in a district court if OSHA has not issued a final decision within 210 days of the mariner's complaint.

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Notably, the SPA is a "contributory factor" statute—meaning that OSHA will find that retaliation occurred as long as there is reasonable cause to believe that the worker's protected activity was a factor that in any way affected the adverse action. Evidence that protected activity contributed to an adverse action is broad and may include:

The OSHA Board defines "seaman" for SPA purposes as any person engaged or employed in any capacity aboard a covered vessel who is not a member of the armed forces. The term includes the individual contractor

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