When you are faced with a boating injury or accident, an attorney who has regularly advised and represented clients in maritime law matters can help you to achieve a resolution. To learn more about legal services, contact our firm to schedule a consultation and case evaluation with an experienced maritime law attorney.
Boat Accidents and Injuries Attorney
If you were injured at sea, whether you were working on a ship or relaxing on a recreational boat, you need qualified legal representation to recover compensation for your injuries. Injuries on a ship are covered under maritime law, which is quite different from the law that covers personal injuries on land. An experienced and knowledgeable maritime injury attorney will understand these differences.
At the Bluestein Law Firm, P.A., in Charleston, South Carolina, attorney S. Scott Bluestein is well prepared to help you get the compensation you deserve from the insurance companies. He holds not only a law degree, but also a Masters in Admiralty Law from Tulane University. To schedule a free consultation, contact us online or call 843-577-3092.
Thank you for contacting Bluestein Law Firm, P.A. Your message has been sent.
Call us now
or use the form below.
Our goal is to ensure you receive the compensation you need after injuries suffered in a boating accident. Call us at 843-577-3092 for a free consultation.
A maritime injury lawyer at the Bluestein Law Firm, P.A., helps injured people and families who have suffered the loss of a loved one in a boating accident in South Carolina, North Carolina, Florida, Georgia, Louisiana and Maryland.
Longshore and Harbor Workers' Compensation Act
The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal statute that protects maritime employees who are accidentally injured or killed during the course of employment. 33 U.S.C.A. 901 et. seq. seq. According to the statute, "employee" refers to an individual, longshoreman or harbor-worker (ship repairman, shipbuilder or shipbreaker) engaged maritime employment. An individual must be performing a ship’s service to be considered an employee or an agent of the employer. The employee must also have a substantial relationship to the vessel that contributes to the mission or function of the ship. An employee injured or killed over navigable waters is protected under federal workers' compensation laws and the employer is liable for compensation of the employees’ injuries, or for wrongful death compensation to the surviving loved ones. A vessel owner is also liable for injuries to the crewmember (or loved ones of a deceased crewmember) if the owner knew or should have known of the dangerous condition that caused injury or death. If you or your loved one was injured while an employee of a seagoing vessel, it is important to contact an attorney knowledgeable in the Longshore and Harbor Workers’ Compensation Act from Bluestein Law Firm, P.A. in Mt. Pleasant, South Carolina, to discuss your possible claim for compensation.
Compensation
According to federal law, compensation is not allowed until three days after the injury. 33 U.S.C.A. 906. However, if the disability caused by the injury lasts longer then 14 days, compensation may be allowed from the date of the injury. The law is very specific about types of injuries and the amount of compensation available for each. For the monetary sum of possible compensation coverage by statute, please speak to an attorney to discuss your situation and how the Longshore and Harbor Workers' Compensation Act may apply to you and your family.
Time Limit
If you or a loved one has a claim for compensation under the Longshore and Harbor Workers' Compensation Act, you must first give notice of the employee's injury or death to the employer and to the district director for the compensation district in which the injury or death occurred. 33 U.S.C.A. 912(a). Notice must be given within 30 days of the injury or death, or within 30 days of knowledge of the injury or death. Insurance carriers are entitled to separate notices; it is not enough to notify the employer. Please contact an attorney experienced in the LHWCA to assist you with proper notification and notification forms.
A claim of injury or death normally must be filed within one year of the occurrence. Failure to file a claim within this time may bar you from recovery. Please speak with an attorney to discuss form, content and delivery requirements for submitting death or injury notification as required by federal law.
Conclusion
If you feel you may have a claim under the Longshore and Harbor Workers’ Compensation Act, it is important to contact a maritime law attorney from Bluestein Law Firm, P.A. in Mt. Pleasant, South Carolina, to discuss your rights and answer any questions you have.
Copyright ©2009 FindLaw, a Thomson Business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
