To schedule a free consultation of your maritime or longshore claim with one of Sheirdan & Murray's experienced trial attorneys, contact us at our Philadelphia, Pennsylvania or Audobon, New Jersey offices.
Centre Square West
38th Floor
1500 Market Street
Philadelphia, PA 19102
Ph / (215) 977-9500
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403 S. White Horse Pike
Audubon, NJ 08106
Ph / (856) 216-2200
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Our attorneys are experienced in maritime law cases and have helped many injured longshoremen, seamen, other maritime workers, and their families get the financial compensation to which they are entitled. The trial lawyers at Sheridan & Murray have the expertise you need to reach a successful outcome in your maritime or longshore case, so contact our Pennsylvania or New Jersey offices today for a free consultation.
Longshoremen and maritime workers are exposed to unique on-the-job hazards on a daily basis. Whether working offshore, on the waterfront, or shipside, these workers are regularly exposed to dangerous conditions, machinery, cargo, and equipment that can cause injury. If you or a loved one has been injured in a longshore or maritime accident, you need to contact trial attorneys with significant experience and expertise in handling longshore and maritime claims. The longshore and maritime attorneys at Sheridan & Murray have the expertise that you need. We have helped numerous longshoremen and workers with maritime law cases in Pennsylvania and New Jersey obtain the compensation they deserve. The trial attorneys at Sheridan & Murray are determined, experienced, and will help navigate the complexities of your case.
Longshoremen are maritime workers who are generally responsible for:
When a longshoreman is injured in an accident, the injured worker may be able to recover compensation for damages, medical bills, rehabilitation costs, lost wages and more through their employer’s workers’ compensation coverage and from any negligent third party under maritime laws.
The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal maritime law that was enacted to provide comprehensive workers’ compensation coverage for maritime workers who are injured on navigable waters. The LHWCA was initially enacted by the federal government in 1927 to provide injured longshore workers with coverage where there was no state workers’ compensation. This system led to wide-spread disparity in coverage for injured workers and prompted the federal government to amend the LHWCA in 1984 to provide uniform benefits to injured workers throughout the United States.
The LHWCA is administered by the U.S. Department of Labor and provides coverage to the following groups of workers:
» Longshoremen
» Harbor Workers
» Stevedores
» Ship Repairmen
» Shipbuilders / Ship-Breakers
The LHWCA provides coverage to these workers if they are injured while:
» Loading/unloading cargo
» Building/repairing ships
» Working on piers, ship terminals, wharfs, off-shore platforms, dry docks and bridges
Under the LHWCA, maritime workers and longshoremen are entitled to financial compensation, benefits, and services if they are injured, disabled, or killed incident to their employment. The LHWCA provides coverage for any injury sustained on the job or occupational disease that arises from or is worsened by marine employment. Injured workers are eligible for benefits under LHWCA maritime law regardless of their previous physical condition and pre-existing injuries if the conditions are aggravated, re-injured, or worsened during employment.
The LHWCA provides the following types of benefits to injured workers:
» Payment of Medical Expenses
» Payment of Disability Compensation
» Rehabilitation Services
The LHWCA requires that employers make payment for all medical care and rehabilitation necessary to treat the injuries sustained by a longshoreman during the course of employment. The LHWCA also entitles the worker to select the physician of his or her choice for treatment. The employer is also required to pay out disability compensation to the injured worker for lost wages due to the injuries sustained. Disability compensation is typically paid at a rate of two-thirds of the worker’s average weekly wage. However, some injuries have a uniquely established rate and schedule of compensation. In the event of death caused by injury, the LHWCA requires employers to dispense funeral expenses and other compensation payments to the surviving spouse and family.
Injured workers need to know that the LHWCA is their only remedy and means to pursue a maritime law claim against their employer as a result of injuries sustained during the course of maritime employment. Injured workers are not permitted to pursue third-party claims against their employer. The LHWCA is the exclusive means for the injured worker to recover compensation from his or her employer. One advantage of this statutory system is that the injured worker need not prove that the employer was at fault for causing the injury or occupational disease. The injured worker may recover benefits under LHWCA even where the injured worker is partially responsible for causing the accident or injury.
Each claim brought under the LHWCA is different and possesses varying degrees of complexity, making it extremely important to select an attorney who has the experience and expertise to handle any LHWCA claim. At Sheridan & Murray, our maritime and longshore attorneys help workers in Pennsylvania and New Jersey clients successfully pursue LHWCA claims and can help you as well.
Longshoremen and other maritime workers who have been injured may also be able to file a third-party lawsuit if their injuries were caused due to the negligence of someone other than their co-workers or employer. The investigation of third-party maritime and longshore claims is essential to properly protecting the interests of the injured individual. It is critical to your case that you report the accident to your employer immediately and consult an attorney as soon as possible to ensure that your rights are adequately protected. If you or a loved one has been injured in a longshore or maritime accident due to the negligence of a third party, you need to contact trial attorneys with significant experience in handling third-party and longshore claims in New Jersey and Pennsylvania. The longshore and maritime attorneys at Sheridan & Murray have the expertise that you need to achieve a successful outcome in your lawsuit
The Jones Act is a law that provides protection to the crew of a vessel. This law applies not only to workers at-sea, but river workers and longshore workers as well. Read on to learn more about the Jones Act:
The Jones Act is federal maritime law that regulates the legal responsibilities of vessel operators and marine employers in the event of the work-related injury or death of an employee. Although the Jones Act protects seamen, it is not the same as workers’ compensation, due to the fact that it does not require payment to the employee regardless of fault. In order for a worker to receive compensation under the Jones Act, a worker must prove that their injury was caused by:
OR
The Jones Act provides an injured seaman a way to collect the compensation they need to fully resolve work-related injuries that are the fault of others. In order for the worker to qualify for compensation under the Jones Act, the employer must do something unreasonable or fail to perform a reasonable act that would have prevented the injury.
The statute of limitations in a Jones Act case is generally three years from the date of the injury, though there are exceptions to this general rule. Maritime law actions against the vessel owner for claims of unseaworthiness must also be brought within three years from the date in question.
If you think that you may have a maritime law case, contact our lawyers in New Jersey and Pennsylvania today to get started on your claim.
An injured worker under the Jones Act is legally entitled to recover the following damages:
One of the central questions in any maritime injury case is whether the injured party is a seaman, since only a seaman can pursue compensation under the Jones Act.
A seaman is defined as someone who is assigned to work on a vessel or a fleet of vessels, or is a member of the crew of a vessel. This includes workers, officers, and crew who work on:
Often in a Jones Act case, disputes arise regarding whether or not the seaman was working on a vessel when his or her injury occurred. It is very important to allow your maritime law attorney to examine the facts surrounding the accident and the vessel to help legally determine seaman status.
Regardless of fault, if a seaman becomes injured on a vessel, he or she is legally entitled to collect maintenance and cure under maritime law. "Maintenance" provides compensation for the food and shelter that would have been supplied to the seaman while aboard the vessel. "Cure" is the obligation of the employer to supply medical necessities, treatment, and care to the injured worker until he or she reaches maximum medical improvement. When a maximum medical improvement is reached, the vessel owner is no longer obligated to pay maintenance and cure. During the treatment period, the seaman has the right to choose his own physicians. If the employer refuses to provide compensation for maintenance and cure, the employer can be held legally and financially responsible for the damages incurred by the worker in addition to the worker’s attorneys' fees.
In addition to holding a maritime employer responsible for acts of negligence, a seaman can recover financial compensation if it can be proven that the vessel was unseaworthy and the injury occurred as a result. It is the vessel owner’s responsibility to provide workers with a seaworthy vessel. Under the law, a seaworthy vessel is:
Unlike a Jones Act claim, which is brought against the seaman's employer, an unseaworthiness claim is made against the vessel's owner. In many maritime injury and wrongful death cases, the owner and employer will both be sued for damages in order to achieve maximum fair compensation. Claims of unseaworthiness have a statute of limitations which states that the claim be filed within three years of the injury. Additionally, the unseaworthiness claim must be combined with a Jones Act claim. If you have been injured due to the unseaworthiness of a vessel, contact our lawyers today. Their experience and expertise in maritime law cases in Pennsylvania and New Jersey will help you achieve a positive outcome in your case.
If an injury causes the wrongful death of a maritime worker, his or her spouse and family become beneficiaries under the Jones Act. If the deceased does not have children or a spouse, then the beneficiaries will be the worker's parents. A representative for the worker, such as the executor of the deceased’s estate, is legally entitled to bring the wrongful death claim against the employer at fault.
If you have been injured, there are a few very important steps that you must take in order to protect your legal rights to recover under the Jones Act in the future. These are as follows:
Report The Accident – If an accident occurs, you must immediately report the accident to your employer, supervisor, or other designated person. You should make sure that the accident report is complete and accurate. If there was a dangerous condition or problem that caused or contributed to your injury, then state it on the accident report and photograph it if at all possible. Get a copy of what you signed.
Statements from Co-Workers – Have your co-workers prepare written statements as to what the conditions were at the time of the accident and identifying the dangerous condition that caused the accident.
Statements from Witnesses – Obtain written statements from any witnesses to the accident.
Names and Addresses – Obtain the names and phone numbers of all co-workers and persons who may have witnessed or have information concerning the accident or the condition of the vessel.
Medical Care – Make sure that you are examined by a physician of your own choosing, and be sure to tell the physician everything abut the injury and your current medical condition. You do not have to deal with the workers’ compensation carrier’s doctor in most cases.
Consult with a Longshore Accident Attorney – It is highly advisable that you consult with an experienced maritime and longshore accident attorney to ensure that your rights are adequately protected.
If you or a loved one has been injured, you need to contact trial attorneys with significant experience and expertise in handling maritime and Jones Act claims. The attorneys at Sheridan & Murray have helped numerous longshoremen and maritime workers in Pennsylvania and New Jersey obtain the compensation they deserve, and we can help you as well.
Longshoreman and other maritime employees are exposed to unique job hazards on a daily basis. It is important to understand and follow posted safety instructions and to arrive at work alert and prepared for the day to avoid injury.
Hard hats, seatbelts, visibility vests, and other safety equipment are provided for a reason. Statistics show that proper use of these items can help longshoremen and other workers prevent accidents or protect themselves if an accident occurs. Similarly, it is important to obey all posted speed limits and other traffic control devices to minimize the potential for injuries and accidents.
Traditionally, the expression “avoiding the bight” was used to remind longshore workers to stay away from loops of wire or rope in the cargo rigging. However, for today’s longshoremen, it applies to other perils of working cargo on the terminals as well. When working around any cargo-handling equipment, it is most important to be aware of your surroundings and to be sure that the operator of the machine knows where you are located at all times.
The blind spots on cargo-handling equipment such as forklifts and large trucks can present a major hazard for longshore workers, and if everyone is focused on his or her own task at hand, injuries can occur. It is essential that you understand where the blind spots are located and are alert when working around these large machines. Additionally, always wait to be acknowledged by the driver when walking near equipment to avoid being caught off guard by a sudden change of direction.
One of the most basic ways to avoid putting yourself and others at risk is to never operate a piece of equipment that you have not been properly trained to use. Also, be sure that your training on specific equipment is current. For example, crane operators should be knowledgeable about recent crane safety signal updates. This helps to ensure that communication between workers is consistent at all times, promoting the safety of everyone.
Taking safety precautions can help keep longshore workers and other maritime employees safe, but an accident can still occur at any time. Our maritime law office in Pennsylvania and New Jersey has proven this point again and again.