Have you or a loved one been injured in a maritime accident? If so, the aftermath can be overwhelming and confusing. With so many questions swirling around your head, it’s easy to feel lost and unsure of what steps to take next. As Bellingham maritime accident attorneys with decades of experience, we’ve put together a list of frequently asked questions about maritime accident cases to help guide you through this challenging time. From understanding your legal rights under the Jones Act to navigating the claims process, our goal is to provide you with the information you need to make informed decisions and get back on track as quickly as possible.
The Jones Act is federal legislation that protects seamen, crew members and other workers injured at sea, on docks, ferries, boats or while working in other similar jobs. Maritime injury lawsuits are filed under the Jones Act, which allows injured maritime workers to pursue compensation for injuries caused by negligence.
For some workers, such as offshore drillers and crew members on river crane barges, it may not be obvious whether they qualify as a seaman or crew member under the Jones Act. If you are unsure, contact a maritime accident attorney. Qualifying as a Jones Act seaman or crew member can greatly increase an employee’s rights to recover damages for a maritime work-related injury.
To qualify as a seaman or crew member under the Jones Act, the worker must meet one or more of the following criteria:
- Have a significant association with a fleet or vessel measured by both the duration and type of connection
- Be employed on a vessel “in navigation”
- Contribute to the vessel’s function or mission
Jones Act seamen injured on the job are entitled to sue their employers for damages and recover maintenance and cure benefits when their employer’s negligence was responsible for the injury.
Damages commonly available in maritime injury cases include:
- Maintenance and cure benefits
- Lost wages (past and future)
- Pain and suffering
- Wrongful death benefits
- Reimbursement for past, present and future medical care related to the injury
Maintenance and cure benefits are available to most seamen injured on the job. Maintenance benefits are intended to cover wages through the end of the seaman’s employment contract and provide a living allowance until the seaman reaches a basic level of recovery. Cure benefits cover all reasonable and necessary medical expenses associated with the injury.
If you have been injured while working aboard a vessel, taking the right steps can help protect both your health and your legal rights.
Step 1. Seek medical treatment.
Choose your own doctor and seek appropriate medical care. Do not rely solely on a doctor selected by your employer.
Step 2. Document the incident.
Write an incident report from your own perspective and avoid signing a report prepared by a company safety officer without carefully reviewing it.
Step 3. Preserve evidence.
Take photographs of the accident scene and any unsafe conditions. Gather names and contact information for witnesses whenever possible.
Step 4. Contact a maritime injury lawyer.
Speak with a maritime injury attorney as soon as possible. He or she can review the details of your case and help you pursue damages and maintenance and cure benefits. Avoid returning to work before you are physically ready and do not downplay the extent of your injuries.
We look forward to answering all of your questions and speaking with you about your legal needs. When you call our office or send us a message through our consultation request form we will provide a FREE initial consultation and case evaluation. Our attorneys offer home and hospital visits with evening and weekend appointments available.