What is the Jones Act? The Jones Act is a federal statute of United States Maritime law, part of the Merchant Marine Act of 1920, which allows injured seamen to sue their employers where there has been negligence on the part of the employer (or the captain or fellow crew member) which has resulted in an injury to the seaman. …
Maritime Law
Maritime Law is also known in English speaking countries as Admiralty Law. It embodies the case law and statutes governing disputes arising on navigable waters. This area of law is a complex matrix of different laws and international treaties often overlapping each other. Maritime law is an interesting mix of ancient legal theories, modern statutes, contract law and international treaties. …
Florida Workers Compensation Unconstitutional???
A Miami circuit court judge has ruled that the Florida Workers Compensation law is unconstitutional! In an August 13 opinion, Judge Jorge E. Cuelo, who sits on the bench for the 11th judicial circuit, has declared that the law violates several constitutional provisions, both in the U.S. Constitution and the Florida Constitution, one section of which the right to be …
Afghanistan and Iraq Burn Pits
Afghanistan and Iraq Burn Pits There has been quite a bit of publicity in the last few years about the medical issues arising from the “burn pits” that were used for waste disposal in Iraq, Afghanistan and a few other locations where the U.S. military has established bases. Apparently, anything and everything that could burn was burned in these pits, …
Oil & Gas Workers Outer Continental Shelf Lands Act
We have talked at length about the Longshore & Harbor Workers Compensation Act and, by extension, the Defense Base Act. We have not really talked much about the Outer Continental Shelf Act, which provides for another extension of the Longshore & Harbor Workers Compensation Act to compensate those workers injured while working in the oil & gas industry on the …
DBA Attorney Newsletter – July 2014
Barnett, Lerner & Karsen, P.A. www.injuredoverseas.com (954) 920-7400 ====================================================================================================================================== WELCOME TO THE DBA NEWSLETTER, PREPARED BY BARNETT, LERNER & KARSEN, P.A. WE HOPE THIS WILL HELP YOU LEARN MORE ABOUT THE DEFENSE BASE ACT AND YOUR LEGAL RIGHTS. ====================================================================================================================================== RECENT ISSUES REGARDING THE CALCULATION OF THE AVERAGE WEEKLY WAGE Samuel S. Frankel, Jr. For several years the average weekly wage …
Occupational Disease Law
We know that if you have been in an accident at work, and you have sustained an injury, you will likely be covered under some sort of workers compensation program. Each state has its own workers compensation, and those who work as longshoremen or dock or harbor workers have the Longshore & Harbor Workers Act in place to compensate them …
Exception to the Rule for a 905 b Claim
It’s fairly safe to say that in any area of law there are rules of law, and there are exceptions to those rules. The exceptions exist to ensure fairness and so that individual or unusual circumstances do not preclude recovery. The same is true with the Longshore & Harbor Workers Compensation Act. There are exceptions to the general rule about …
The Plight of the Shadow Warriors, Lost in the Insurance Shuffle
Since the tragedy of 9/11 and the subsequent U.S. military action in Afghanistan and Iraq, the government has increasingly relied on U.S. based military contractors to perform many of the necessary support jobs. At this time the number of U.S. contractors working overseas is not known, but at one time contractors outnumbered military personnel. Of course, by the very nature …
Contractors in Iraq – ISIS Crisis
As the situation in Iraq continues to deteriorate, some U.S. contractors are pulling their employees out of the country or relocating them to a safer place. It is not readily known how many contractors there are currently working in Iraq. We know there are private companies such as Lockheed and Siemens that have contractors working there, generally in supporting or …
South Korean Ferry Update
The world continues to watch as the story of the South Korean ferry tragedy unfolds. The sad loss of life apparently could have been avoided on a number of fronts. The MV Sewol capsized and sank suddenly on April 16, 2014, with the loss of over 300 souls on board. Many of these passengers were high school students, which …
DBA Attorney Newsletter – June 2014
DBA Newsletter ======================================================================================================================================= WELCOME TO THE DBA NEWSLETTER, PREPARED BY BARNETT, LERNER, KARSEN & FRANKEL, P.A. WE HOPE THIS WILL HELP YOU LEARN MORE ABOUT THE DEFENSE BASE ACT AND YOUR LEGAL RIGHTS. ======================================================================================================================================= ============================================================================== REPORTING REQUIREMENTS FOR SUBSEQUENT INCOME Brian C. Karsen, Esq. Under the Longshore and Defense Base Acts, the insurance company is provided with a means to …