MARITIME AND OFFSHORE INJURY
Maritime law (which is also termed as Admiralty law) covers laws that govern all activities and actions that take place on navigational ships on the waters like oceans, seas and lakes. Tasks such as loading and unloading cargo, salvage and towage are also maritime in nature.
Maritime law deals with matters that include marine trade, shipping, sailors and the transportation of goods, as well as passengers, all of which take place by the sea. Admiralty law covers commercial activities as well, most of which take place on the land.
Maritime Law does not concern us unless or until we have been involved in an accident or incident that has taken place in the waters that make up the above mentioned conditions. Any injury that involves a passenger or a seaman falls under the area of Maritime Law.
The Jones Act is a federal law that was passed by Congress in 1920 specifically to protect seaman injured on the job where the cause is negligence or error. If an employer unjustly fails to protect workers from injury or prevent injury, a seaman can bring a claim against the vessel’s owner.
According to the Jones Act, a seaman is one who works as crewmembers of a vessel on rivers, offshore waters, or oceans. Offshore vessels include drill ships, jack-ups, floating barges, diving vessels, cruise ships, tankers, cargo ships, fishing boats, and other work related water worthy crafts.
The essential characteristics of a seaman are: contribution to the functioning and operation of the vessel, establishment as a vessel crewmember, and determination of sufficient relationship to the vessel(s). Only a seaman can recover damages under the Jones Act. We have the experience you are looking for to help determine your seaman status and move forward with a lawsuit if necessary to recover compensation. Under the Jones Act, an Offshore Jones Act lawyer can help you recover:
“Maintenance” -a daily compensation designed to provide necessities such as food and shelter, which the seaman would have when working on a vessel. There is a range of “maintenance” fees from approximately $15.00 to $35 per day.
“Cure” — the employer’s coverage of any and all medical expenses related to the injury until such time that the seaman could return to work or until the seaman is designated permanently disabled.
Lost wages from the time of injury to trial
Future lost wages
In the event of a wrongful death, the surviving family members could become the recipients of Jones Act settlements
Jones-Act litigation may be initiated up to three (3) years from the date of a seaman’s injury.
General Maritime Law Negligence
Seamen may also be entitled to sue under the general maritime law for negligence by contacting a maritime lawyer. If an employer is negligent if he or she commits an act which a person exercising ordinary care would not do under similar circumstances, or fails to do what another person exercising ordinary care would do under similar circumstances.
Longshore Harbor Workers Compensation Act (LHWCA) – 905(b)
The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides for compensation and medical care to employees disabled from injuries that occur on the navigable waters of the U.S., or in adjoining areas used in loading, unloading, repairing or building a vessel. The Act also offers benefits to dependents if the injury causes the employee’s death. The term “injury” includes occupational disease arising out of employment.
The Act covers workers employed in maritime occupations, including longshore workers or other persons in longshore operations, and any harbor workers, including ship repairers, and shipbuilders.
Maritime and Offshore Injury Attorney
If you or a loved one has experienced a Maritime or Offshore Injury Patrick Yancey Law Firm is here to help. We provide experienced legal assistance to fully assist you in the event of injury. Contact us today so that we can obtain the compensation you deserve in any case of medical injury or offshore injury.