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Workers’ Comp Summit: Sept 22-24, 2021 – Samoset Resort, Rockport, ME

Workshop A: Workers’ Comp on the Water

Monday, August 26th, 2019 @ 9:30 am - 10:45 am

The Jones and Harbor Workers’ Acts

What’s it all about? Maine has nearly 3,500 miles of coastline and a substantial number of employees working at the edge of the water and beyond. When injuries occur in facilities near the water, on structures adjacent to the water, or on vessels in the water, there must be an analysis of which law or laws apply to the injured worker. Certain facts and criteria, both statutory and developed through case law, guide that analysis. Cara Biddings (Robinson, Kriger & McCallum) and Dov Sacks (Berman Simmons) set sail on this exploration of the interplay between the Maine Workers’ Compensation Act, the Longshore Harbor Workers’ Compensation Act, and the Jones Act.

Why you’ll want to participate in this session.

  • Be able to identify cases where a work injury may be covered by maritime and admiralty law, possibly to the exclusion of the Workers’ Compensation Act.
  • Learn about the difference in benefits and recoveries available to injured workers under the Maine WCA, the LHWCA, and the Jones Act.
  • Discover which employers may require additional insurance coverage to address potential LHWCA and Jones Act claims.
  • Note the differences in practice and procedure among these three laws.

Approved for Maine Attorney CLE Credit.

Program Faculty: Cara Biddings, Dov Sacks