How to Prevent Common Maritime Injuries
Seamen take on a high risk of injury compared to workers in many other industries. Hazards specific to the job create certain common types of accidents among maritime workers. There are always opportunities, however, to improve safety for the crew.
Common Maritime Injuries and How to Prevent Them
Read MoreIs a Seaman Entitled to Recover Damages from a Maritime Accident?
Yes, a seaman may be entitled to recover damages if he is injured in a maritime accident. The Jones Act specifically allows for a seaman to recover for injuries suffered during the course of his employment while at sea. The family of a seaman who is killed while he is employed at sea may also be eligible to file a wrongful death suit under the Jones Act. Whether the injured party is able to recover will depend upon the actions of the people who control the ship and the circumstances of the case.
How is a “Seaman” Defined in the Jones Act?
Read MoreHow to Choose a Maritime Injury Attorney
If you have been injured on a commercial fishing or crabbing boat, while working on or near a dock, or some other vessel on the sea you may need to seek the help of a maritime injury attorney. He or she will make you aware of your rights and help you understand how best to receive compensation for your injuries in order to protect yourself and your family.
Maritime Law
Read MoreCan I Seek Compensation for Commercial Fishing Accidents?
The American commercial fishing industry caught over eight billion pounds of seafood worth more than 4.4 billion dollars in 2008. There are about 115,000 harvesters catching this bounty. There is no doubt, however, that commercial fishing accidents are too common and that they can be deadly; falling overboard is the second leading cause of death among commercial fishermen. Between 2000 and 2013, 191 commercial fishermen drowned; none of them was wearing a personal flotation device (PFD). A workplace injury lawyer who specializes in maritime law can help you navigate the system after an injury or a family member’s untimely death.
The U.S. Coast Guard Authorization Act of 2010 only requires the Coast Guard to inspect fishing vessel safety equipment every two years. The law does not require dockside inspections of the boats themselves. This leaves a lot of vessel safety up to vessel owners and therefore puts employees at risk.
Read MoreNavigating through Maritime Injuries
For most workplace injuries, worker’s compensation or state personal injury laws apply. However, if you are a maritime worker who has been injured on a vessel at sea or an onshore worker injured serving a vessel going out to sea, your case will likely be handled under maritime law. Commonly, a maritime related injury falls under the Jones Act and won’t be covered by state workers’ compensation laws. In the event it does, the Jones Act and maritime law will likely render you with more benefits.
Did your injury occur under the following circumstances?
If so, you may want to pursue compensation under the Jones act:
- The site of your injury is a vessel “in navigation” at sea or in a body of water connected to interstate or international commerce.
- You spend the majority of your workday on board the vessel.
- You are a direct contributor to the work of the vessel.
How is your position classified?
A variety of workers may qualify for coverage as “seaman” under the Jones Act, including:
- Fishermen and fish processors
- Tugboat and barge workers
- Cruise ship, river boat and ferry boat workers
- Transportation workers
- Construction workers, janitors or engineers who work on vessels or barges
- Oil rig workers
- Commercial divers
- Harbor workers
For those workers injured between land and sea and who are not considered “seaman” your case would likely be handled under the Longshore and Harbor Workers’ Compensation Act.
What steps should I take when injured at sea?
- Report your injury to the ship’s captain
- Seek full medical attention
- Collect the names, addresses and telephone numbers of witnesses
- Identify any unsafe condition that caused your injury
- Consult with a lawyer who handles maritime personal injury cases about your rights
- If your injury is or may become serious, do not settle your case without consulting with a maritime lawyer
Delaying your claim could result in harming your case by inadvertently overstepping the statute of limitations. Consulting with a maritime law attorney will ensure you are fully represented.
What should you look for when hiring a Maritime Injury Attorney?
Select a law firm that deals specifically with maritime law and personal injury cases. In doing a search, keep in mind that most admiralty and maritime lawyers will be near major seaports. To hire the best lawyer you can for your situation, it is important to take the next step of accessing background information for the lawyers presented to you. Search their names and law firm online to find customer testimonials and visit their website if available. Once you have narrowed down your selection, call the office and ask for references specific to admiralty law cases.
Because of the complexity of maritime injury claims, it’s best to consult with an experienced maritime attorney to be sure your rights are fully protected. The offshore lawyer can help determine which act best suits your situation and estimate how much you might be owed based on the specifics of your case. If you’ve been injured and have a good case, you should be able to hire a lawyer either on an hourly or a “contingency fee” basis.