Bringing a claim under the Jones Act
Clowney Law Blog » Maritime Law
by Law Office of Frank S. Clowney III
1y ago
California residents working in the maritime industry know their jobs can be risky and even dangerous at times. Many things can cause a maritime accident, and the results can be devastating to workers and their families. An injured maritime worker could bring a claim under the Jones Act. The Jones Act is a federal law that allows a maritime worker who sustains a personal injury in the course of their employment to bring a claim for damages. Who is the claim brought against? A claim under the Jones Act is based on negligence. It can be brought against a ship owner, captain, crew members or anyo ..read more
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What are the most common maritime accidents?
Clowney Law Blog » Maritime Law
by Law Office of Frank S. Clowney III
1y ago
An injury suffered at sea can leave an individual facing significant hardships, and for a long time to come. The physical pain can leave a victim with limitations that make living normal life difficult, and the emotional toll can lead to loss of enjoyment of life and overwhelming stress. There are very real financial consequences, too, including massive medical expenses, rehabilitation costs and lost wages. Although those who have been injured out at sea may be able to recover compensation for their damages through a Jones Act claim, a lot of maritime workers are left wondering how these accid ..read more
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Common accidents that occur on ship decks
Clowney Law Blog » Maritime Law
by Law Office of Frank S. Clowney III
1y ago
There are many dangers that are present in different areas of San Diego’s shipping industry. The types of dangers depend on where people are working within the industry. People working on the ship decks may experience different dangers than those performing maintenance on the ships. There are many different types of maritime accidents that occur on the ship decks and some of the accidents can leave the workers with serious injuries which require significant medical treatment. Some of the more common types of accidents that occur on ship decks are: Slips and falls: These ca ..read more
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U.S. and California boating injuries and deaths increased in 2020
Clowney Law Blog » Maritime Law
by Law Office of Frank S. Clowney III
1y ago
With the Pacific Ocean in its backyard, San Diego is among the nation’s hot spots for recreational boating activity. San Diego Bay and Mission Bay also attract many recreational boaters, seeking to relax, fish and enjoy the ocean. And it has been busy lately. Last year, plenty more boating activities took place near San Diego and the rest of the country. The reason? The pandemic. At least the U.S. Coast Guard suggests this factor may have contributed to the nationwide increase in boating accidents, deaths and injuries. Boating accidents jumped 52% in California According to the U.S. Coast Guar ..read more
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Benefits under the Death on the High Seas Act
Clowney Law Blog » Maritime Law
by Law Office of Frank S. Clowney III
1y ago
Many people in the San Diego area work in the maritime industry. They would know that working on the high seas comes with its own share of risks that are unique to the industry. Like in other high-risk professions, maritime workers often have to deal with injuries for which they are unable to obtain fair compensation. To address this issue, there is a federal statute that sets guidelines for maritime liability in the event of a worker’s death while performing duties in the high seas. The Death on the High Seas Act Title 46 Chapter 303 of U.S. Code addresses this concern and is p ..read more
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The rights of injured maritime workers vary from those on land
Clowney Law Blog » Maritime Law
by Law Office of Frank S. Clowney III
1y ago
There are many legal protections in place for workers who get hurt on the job. In fact, you’d be hard-pressed to find a California worker who isn’t at least somewhat aware of their rights to medical coverage and disability insurance under workers’ compensation from their employer. What many maritime workers don’t realize until they get hurt on the job is that the standard workers’ compensation benefits available to other California employees end when their job takes them out to sea. Maritime workers have protection under the Jones Act when they need compensation for an injury or illn ..read more
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Pre-Civil War era maritime law re-enters headlines
Clowney Law Blog » Maritime Law
by Law Office of Frank S. Clowney III
1y ago
The year was 1838. Martin Van Buren was in the White House, California wouldn’t become a state for 12 more years, and Major League Baseball wouldn’t play ball for another 31 years. 1838 was also the year that lawmakers signed the Seaman’s Manslaughter Statute into law. Thirty-three people tragically perished in a boat fire earlier this year in California and prosecutors plan to use the statute to charge the owners of the vessel. While rare, prosecution teams have successfully applied the statute to similar cases since the early 2000s. What does the statute do? There are many laws tha ..read more
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Bringing a claim under the Jones Act
Clowney Law Blog » Maritime Law
by rizeup_dev
1y ago
California residents working in the maritime industry know their jobs can be risky and even dangerous at times. Many things can cause a maritime accident, and the results can be devastating to workers and their families. An injured maritime worker could bring a claim under the Jones Act. The Jones Act is a federal law that allows a maritime worker who sustains a personal injury in the course of their employment to bring a claim for damages. Who is the claim brought against? A claim under the Jones Act is based on negligence. It can be brought against a ship owner, captain, crew members or anyo ..read more
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What are the most common maritime accidents?
Clowney Law Blog » Maritime Law
by willcrainexela
1y ago
An injury suffered at sea can leave an individual facing significant hardships, and for a long time to come. The physical pain can leave a victim with limitations that make living normal life difficult, and the emotional toll can lead to loss of enjoyment of life and overwhelming stress. There are very real financial consequences, too, including massive medical expenses, rehabilitation costs and lost wages. Although those who have been injured out at sea may be able to recover compensation for their damages through a Jones Act claim, a lot of maritime workers are left wondering how these accid ..read more
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How does the Jones Act protect workers on ships?
Clowney Law Blog » Maritime Law
by willcrainexela
1y ago
When they think about being injured at work, most people think of workers’ compensation. Workers’ compensation benefits protect many workers within the San Diego area. However, there are many workers based in San Diego who work in maritime industries and are not covered by California’s workers’ compensation system. However, injured maritime workers may still be able to obtain compensation for their medical bills and lost income while they are recovering from their injuries through other means. They may be able to obtain benefits through the Jones Act. Protections under the Jones Act In order t ..read more
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