17.05 Explanatory: Alongshore and Harbor Workers' Compensation Act CIV. 905(b) -- Turn-Over Claim -- Negligence Standard is a type of worker's compensation which provides benefits to employees who are injured while engaged in maritime activities. This type of compensation is provided under the Alongshore and Harbor Workers' Compensation Act, which is a federal law. The Turn-Over Claim under this law refers to an employee who has been injured due to the negligence of a third party, such as a vessel owner, contractor, or subcontractor. This type of claim is based on a negligence standard, meaning that it must be shown that the third party acted with a lack of care or caution that resulted in the injury to the employee. The employee must also demonstrate that they were acting within the scope of their employment when the injury occurred. The benefits provided under this law include medical expenses, rehabilitation expenses, lost wages, and death benefits in cases of death.
17.05 EXPLANATORY: LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT Civ. 905(b)--TURN-OVER CLAIM--NEGLIGENCE STANDARD
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FAQ
A 905(b) claim allows for injured workers to file a third-party tort claim against a vessel if the injury was caused, at least in part, by negligence.
If you need to undergo medical treatment for your work-related injuries, the Longshore Act will fully cover the cost of any related medical treatment. What is particularly helpful is that the medical benefits are provided without any deductibles, copayments, or costs paid by you, the injured workers.
The Limitation of Liability Act. In cases of a maritime personal injury or wrongful death claims, the Limitation Act allows vessel owners to limit or restrict liability owed to the injured parties to the value of the vessel.
Intentional acts: When a worker intentionally causes their workplace injuries or illnesses, they are not covered under a workers' comp insurance policy. Illegal activities: Employee injuries due to illegal activities at the worksite are not covered by an organization's workers' compensation insurance policy.
What Is the Limitations of Liability Act? The Limitations of Liability Act allows vessel owners to limit their liability after a maritime incident or casualty to the post-casualty value of the vessel and its cargo. The incident must happen in United States waters for the law to be used.
Those covered by the Jones Act include masters, captains, officers, and crew members who spend at least 30 percent of their work time on a "vessel in navigation" or group of vessels under common ownership. A vessel in navigation is one that is afloat, operational, capable of moving, and on navigable waters.