Articles Posted in Workplace Injuries

Due to its location, climate, and ease of access to the Atlantic Ocean, Caribbean Sea, and other major waterways, it is no surprise that Miami is a major shipping and cruising hub. In fact, the Port of Miami is one of the busiest cargo ports in the US, and it is the largest passenger port in the world. The sprawling facilities located in Biscayne Bay account for more than 334,000 jobs and bear an economic impact of $43 billion for the State of Florida every year. 

Working around harbors and watercraft of all sizes is dangerous, so these 334,000 maritime employees are putting their lives and safety at risk every workday. The potential for injuries and even life-threatening accidents is high, so it is reassuring to know that there are several laws that protect you. The key is knowing which ones apply to your situation, and a Miami maritime accidents lawyer can explain the details. Your circumstances may trigger:

The Jones Act

When you work on the water and around ships, yards, and docks, you probably do not spend much time thinking about the difference between these laws. However, if you suffer workplace injury, the Longshore and Harbor Workers’ Compensation Act (LHWCA) OR the Jones Act will be at the forefront of your legal remedies. Both statutes are akin to a type of federal workers’ compensation program, but they apply to very different employment situations. As with many legal claims, the details matter – particularly the definitions and rules on eligibility. 

If you were hurt while working on or around boats or water, it is likely that you can file a claim under one of these laws. You can trust a Miami workplace injuries attorney to address the specifics on Longshore versus Jones Act claims, but reviewing the basics is helpful.

Key Definitions

You may not regularly peruse the press releases published by the Occupational Safety and Health Administration (OSHA), so one announcement in particular might have slipped under the radar for many Florida workers. On October 27, 2021, the agency issued an Advance Notice of Proposed Rulemaking regarding new standards on heat exposure for employees working both indoors and outside. The initiative aims to protect workers as they perform job-related tasks in hot environments, as well to alleviate the risk of injuries from exposure to extreme heat. 

For most of the US, working outside over the next few months will NOT trigger OSHA regulations on heat exposure: The standards take effect when the heat index exceeds 80 degrees. However, it is common for employees in South Florida to work in such conditions almost year-round. While you should always trust a Miami workplace injury lawyer for help if you suffer from a work-related medical condition, you should note some key provisions of the new OSHA standards.

Dangers of Working in Extreme Heat

Florida Justice Association
The National Center for Victims of Crime
outh Florida Legal Guide
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