Marine Third Party Administrators
Our Claims Examiners are experienced in the following areas :
Workers Comp. /General Liability/ Federal Workers' Compensation
And Concentrates on:
Admiralty Jurisdiction, Federalism and Admiralty, Admiralty and the General Maritime Law, Seamen, Protection And Welfare, Employment Related Injuries, The Jones Act, Unseaworthiness, Maintenance, Cure and Unearned Wages, Long shore and Harbor Workers' Comp, Wrongful Death ,Towage, Pillotage, Collision and Marine Casualty, Limitation of liability, Salvage, Admiralty Practice and Procedures and Sovereign Immunity.
Below is an example of how ICC would process an assigned claim and take into consideration based of the following facts.
Sample case :
Hank Johnson was a medic on a commercial fishing vessel that fished for Crabs. His duties were to attend to seaman’s injuries during the fishing season. Robert Akins injured his right hand and went to Hank Johnson for treatment. During the course of treatment, Robert conveyed to Hank that the Crab cages were defective and someday someone is going to get seriously hurt. He stated that he already told his captain of the vessel, but the captain did'nt seem to listen. The fishing vessel returned to port and went out to sea three days later.
Robert was opening the cage to release the Crabs when the cage door, this time, crushed his right hand. Robert went to the vessel’s infirmary where he was treated by Hank. During the course of treatment, Robert became furious and stated to Hank “I told you someone was going to get hurt !!!” and violently shoved Hank over the examination table which paralyzed Hank from his waist down. Robert can no longer use his right hand and therefore, cannot work on the fishing vessel as a fisherman. Hank can no longer be a medic.
As an claims examiner, ICC takes into consideration, based on the above facts, will provide a report/ analysis of liability exposure on the part of Workers' Comp., Negligence, Unseaworthiness, Maintenance and Cure and the Jones Act . Our analysis of a claim will include, but not limit to, the following questions:
(a). Is Hank a seaman or an ORVA?
(b). Does Hank have a negligent cause of action against the vessel?
(c). Can Hank assert injuries under the Jones act, Unseaworthiness, Maintenance and cure and LHWCA?
(d).Can Hank assert all four theories?
(e).If Hank files suit, what is the time limit?
(f).Can Hank receive lost wages? If so, when will that terminate?
(g).What kind of damages can Hank recover for his injuries so that reserves can be set?
(h).Does Hank have a cause of action against Robert for his violent behavior?
(i).Does the ship owner have a cause of action against the manufacturer who built the Crab cages?
(j).If Hank files suit against the manufacturer of the Crab cages can this reduce his recovery under LHWCA ?
(k). If the manufacturer after investigation determines that the cages were badly warns and beat up after a long periods of use, the doors should have been replaced under regular maintenance, would this argument, if true, effect Hank's recovery under the theory of unseaworthiness?
(l).Does Robert's violent reaction towards Hank bar him from maintenance and cure?.
(m). Does W/C have subrogation rights against the manufacturer if Robert collects from the manufacturer for product liability ?
(n) Would Laws Adrift apply to this case?
We Process Claims In the Following States: Alabama AL, Alaska AK, Arizona AZ, Arkansas AR, California CA, Colorado CO, Connecticut CT, Delaware DE, Florida FL, Georgia GA, Hawaii HI, Idaho ID, Illinois IL, Indiana IN, Iowa IA, Kansas KS, Kentucky KY, Louisiana LA, Maine ME, Maryland MD, Massachusetts MA, Michigan MI, Minnesota MN, Mississippi MS, Missouri MO, Montana MT, Nebraska NE, Nevada NV, New Hampshire NH, New Jersey NJ, New Mexico NM, New York NY, North Carolina NC, North Dakota ND, Ohio OH, Oklahoma OK, Oregon OR, Pennsylvania PA, Rhode Island RI, South Carolina SC, South Dakota SD, Tennessee TN, Texas TX, Utah UT, Vermont VT, Virginia VA, Washington WA, West Virginia WV, Wisconsin WI, Wyoming WY : Foreign Counties Worldwide : United Kingdom, Australia, Netherlands, Zurich, Brazil, France, Spain, Switzerland and Rome.
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