VIA ZOOM THIS YEAR.
A one-day program that includes Advanced Longshore instruction as well as maritime personal injury litigation training. This seminar will enhance a longshore/maritime claims professional in evaluating and handling claims for seamen, longshoremen, and those individuals whose status is unclear. Utilizing the most recent court decisions, this seminar includes detailed narratives along with a special guide to Medicare Considerations for Longshore & Seamen’s Settlements. Special consideration will be given to jurisdictional analysis, trial and settlement strategy, insurance, compensation liens, medical treatment, maintenance & cure, third-party suits, settlements, removal, vessel status, navigable waters, and every important topic needed to handle and resolve maritime personal injury claims.
The advanced 1-day seminar is case-law oriented for those who want a more detailed understanding of maritime personal injury law, including the Longshore Act and its extensions, the Jones Act, seamen’s rights and remedies, and maritime personal injury remedies for non-maritime workers. Credits are available for attorneys in states requiring CLE. Continuing, education credits are available for insurance adjusters and other professionals. Please also note that most states allow self-reporting. Those states that do not; we will report on your behalf. Per those state CLE reporting laws, please be mindful that a small fee is required. You may provide payment to them or to us; and we will forward the funds to the state on your behalf.
Who should attend? Anyone interested in the most current legal and claims information on handling maritime personal injury claims, including those arising under the Longshore Act, the Jones Act, general maritime law tort claims and maritime personal injury litigation.
Explore jurisdiction in detail – how to determine if an injured person is a seaman, a longshoreman, or a non-maritime worker. What claims are possible? What defenses are available? What is the value of this suit or claim? How do state workers’ compensation claims and tort suits against non-employers impact handling of these claims?
Comprehensive discussion and explanation of credit, coverage, jurisdiction, damages, insurance coverage, and many, many more topics of vital interest to anyone involved in maritime personal injury litigation. The list below is a summary of major topics that will be highlighted:
- Determining jurisdiction for a personal injury
- Who is a seaman?
- Who is covered by the Longshore Act?
- What remedies does a non-maritime worker have?
- Death on the High Seas Act
- How conflicting claims are handled
- Credits and concurrent jurisdiction issues
- Litigation and mediation
- Insurance coverage disputes
- State v. federal suits
- Evaluating personal injury claims
- Pecuniary loss measured
- Non-pecuniary damages – when and how they are recoverable
Situs, Status, and Concurrent Jurisdiction
- Case law reviewed
- Present judicial interpretations
- Calculation of scheduled disabilities and loss of wage-earning capacity
- Requirements for permanent total disability
- How to defeat such requirements
- Meaning of dependent
- Benefits to which dependents are entitled
- Statutory amounts paid after 1984 amendments
- Preparation of occupational disease case for litigation
- Application of 1984 amendments to occupational disease claims
- Class action suits
- An analysis of the most recent court decisions affecting longshore claims
- Practical considerations and strategic planning to use new decisions to maximize longshore claims handling
Third Party Claims
- Rights, obligations, and pitfalls for employer and claimant
- Examination of third-party suits against vessel owners as well as other third-party tortfeasors