After an injury that occurs offshore on either a barge, rig, tugboat, tow or other vessel, your employer will be taking certain actions to minimize liability. They will be contacting their insurance company and depending on the severity of your maritime injury, they may also notify their attorneys. Even though you want to trust your employer, you need to be cautious when talking with the insurance company or your employer’s attorney after the accident. What you say or do can affect your ability to file a claim for your injury.
The insurance company most likely will contact you immediately following the accident that caused your injuries. It is in the insurance company’s best interest to make sure that you get as low of a settlement as possible, which is why they will use certain tactics to damage your case. The insurer will probably ask you for a recorded statement and will mention that it will help your claim if you give a prompt statement of your version of the accident. Insurance companies have been known to coerce injured maritime workers into giving recorded statements by telling them that it is a necessary step in the investigation process. They have even been known to say that a quick recorded statement will ensure that the injured workers are compensated quickly.
No matter what the insurance company tells you, it is not a good idea to give a recorded statement without first talking with an independent maritime attorney. Your statement can jeopardize your ability to pursue further compensation for your injuries. The insurance company is hoping that they will be able to catch you making a statement that may hurt your claim or allow them to avoid paying you a settlement. Insurers are highly skilled when it comes to finding ways to evade responsibility and they work for your employer, not you.
Also, do not sign any paperwork that the insurance company gives you, until it has been reviewed by an independent maritime lawyer. The paperwork provided by the insurance company can be confusing and if you sign something without fully understanding what it means, you can hurt your offshore injury case and may be forfeiting your ability to collect compensation.
If you have been injured while working offshore, contact our law firm. Learn your legal rights and what options are available to you and your family. The legal consultation is free and confidential.
One of the most common questions that will arise when a seaman is injured is whether a Jones Act or Workers’ Comp claim should be filed. There are some similarities between the two claims, but the coverage provided by a successful Jones Act lawsuit can far exceed Workers’ Compensation benefits. Often the amount received from a Jones Act settlement can be life changing for the injured worker. If a seaman files for Workers’ Comp, it may not be possible to later pursue a Jones Act lawsuit. The reason is that if a seaman applies for Workers’ Compensation, he or she may lose eligibility to file a Jones Act claim. It is crucial to consult with a knowledgeable Jones Act attorney before taking any action after a maritime injury.
Workers’ Compensation
Workers’ Compensation claims generally provide money for medical care, disability and lost wages. Traditional Workers’ Compensation laws are meant to help employees who have been hurt on the job and the benefits are paid through the employer’s insurance company. These benefits are only available until the injured seaman is able to return to work. Therefore, Workers’ Compensation benefits are only temporary and do not provide a long term solution for an injured maritime worker.
Maintenance and Cure
An injured maritime worker is entitled to maintenance and cure under the Jones Act. Maintenance is defined as the amount of money an employer must pay an injured maritime worker during the recovery time. The amount is generally anywhere from $15 to $30 per day and is supposed to be equivalent to the amount of money it would cost to live on land in the same manner the worker lived on the vessel. Cure refers to a seaman’s right to medical care, which the employer is obligated to pay. Reasonable medical care must be provided until the seaman reaches maximum medical cure, meaning the worker cannot improve any further.
Jones Act Litigation
If negligence caused the seaman’s injuries, additional compensation may be recovered. Negligence of the vessel owner, operator, employer, co-workers or other third party, can entitle the injured worker to a substantial settlement. Injuries caused by defective equipment or an unseaworthy vessel are also eligible for compensation under the Jones Act.
The Jones Act allows injured workers to recover monetary damages for pain and suffering, lost wages, medical expenses, disfigurement and mental anguish. To receive restitution under the Jones Act, the injured worker must be considered a seaman. A seaman can be a crew member of a vessel or person who was assigned to a vessel or fleet of vessels. An offshore worker may also fall into this category. A Jones Act lawyer will be able to determine seaman status and the cause of the injuries.
Contact our law firmn if you have been injured on a vessel. We are experienced maritime attorneys who can help you receive compensation for your Jones Act injuries.
Under maritime law, injured seamen can bring claims against the vessel owner for negligence or unseaworthiness of the vessel. While negligence seems pretty straight forward, factors that make a vessel unseaworthy can be a little more confusing for those who are unfamiliar with maritime law. A vessel owner owes a legal duty to provide a seaworthy vessel and when they fail to do so, they can be held liable for any injuries that occurred. If you have been injured on a vessel, you may be entitled to compensation if unseaworthiness was involved.
Unseaworthiness
To understand what constitutes an unseaworthy vessel, it is important to understand what makes a vessel seaworthy in the first place. A seaworthy vessel is one that:
- Is reasonably fit for its intended use
- Provides a safe place to work and live
- Has the appropriate safety gear and equipment
- Includes safe recreation facilities
- Has a competent crew
So, what makes a vessel unseaworthy? An unseaworthy vessel does not necessary mean that is in danger of sinking. Unseaworthiness can be caused by any of the following:
- Faulty equipment
- Defective machinery
- Crew is too small
- Incompetent crew
- Dangerous condition, such as oil, grease or rust
- Poorly maintained vessel
- Violent tendencies of a crew member
Claims of unseaworthiness are different than negligence claims in that they are usually brought against the vessel owner, not the employer. However, in some cases the vessel owner is the employer. An unseaworthiness claim can bring the vessel owner into a lawsuit as an additional source of recovery for the injured seaman. Compensation in an unseaworthiness case can include past lost income (wages lost from the time of the injury to the time of trial), future lost income, past and future medical expenses, past and future pain and suffering, mental anguish and disfigurement.
There is a deadline as to when you can file an unseaworthiness claim against the vessel owner, which is three years from the date of the injury. However, if you need to take a different route with your lawsuit, the deadline can be as short as one year from the date of the injury. It is crucial that you contact an experienced maritime attorney immediately following your injury to discuss your legal options. Our law firm has extensive experience in representing unseaworthiness lawsuits and can help you. Contact our office 24 hours a day, 7 days a week. The consultation is free and confidential.
When you are injured in a maritime accident, your employer’s insurance company might make you a settlement offer. It is important to understand the value of your case, so that you are not taken advantage of by the insurer.
When determining a Jones Act settlement, several factors are taken into account. As an injured seaman, you may already have a monetary figure that you feel would be fair. However, the amount you are willing to accept should have a legal basis so that you receive the full value of your claim.
Most insurance companies do not want to pay settlements and can make the settlement process difficult for you. Be careful when you are talking with an insurance adjuster, as they will use the information you provide against you when making a settlement. Do not give a recorded statement regarding a maritime accident without first talking with a maritime injury attorney. What you say or do can affect your claim.
A Jones Act settlement should be based on your damages and what the law allows. As an injured maritime worker, you are entitled to receive what your claim is worth. A fair Jones Act settlement should include compensation for applicable damages, such as past and future lost wages, past and future medical expenses, lost earning capacity, past and future pain and suffering, loss of quality of life, disfigurement, mental anguish, impairment and other costs associated with your maritime injury.
If you attempt a Jones Act settlement without the assistance of a maritime injury lawyer, you risk accepting an amount that is below what your case is worth. Contact our law firm today for assistance with your Jones Act claim. We are available 24 hours a day, 7 days a week. The consultation is free and confidential.
Chances are, if you are reading this article, you have sustained a maritime injury and don’t know what to do next. When an accident occurs offshore, it can be confusing trying to determine the right actions to take. You have your employer telling you one thing and an insurance company that is trying to make the accident seem like your fault. Fortunately, you do not have to handle the case alone.
After a maritime accident, there are usually investigators and attorneys involved. The vessel owner will do everything possible to show that they were not responsible for your maritime injuries. They will, along with their insurance company and investigators, try to catch you saying something that can be used against you when determining who was at fault. You may be asked to give a recorded statement or sign some paperwork. The goal is to show that they were not liable for your accident. Do not sign anything or give a recorded statement until you have talked with a maritime injury lawyer.
Any time you are injured in a maritime accident, you should consider consulting with a maritime attorney, even if you are offered a settlement. It is not uncommon for an injured seaman to be offered a settlement that is far below what the injuries are worth. Don’t let yourself be taken advantage of. A lawyer can help ensure that you are treated fairly and given the compensation you deserve.
If you have been injured while working aboard a tug, rig, tow, fishing boat or other vessel, you need to contact a maritime injury attorney immediately. There are laws that regulate the maritime industry and a knowledgeable attorney will be able to ensure that your rights are protected. Contact our law firm today, we are available 24 hours a day, 7 days a week. The consultation is free and confidential.
One of the biggest concerns you may have as an injured maritime worker, is the risk of losing your job if you file an injury claim. After all, the economy is tough and jobs are hard to come by. Even though you are injured, you may be too anxious about your job security to pursue compensation in which you are entitled.
Wrongful termination is against the law when you are protected under state and federal law. It is a violation of the General Maritime Law to fire you after filing a personal injury claim. Unfortunately, maritime employers have been known to fire employees after they have become injured, because they view these workers as a liability and they are no longer able to produce.
If you are concerned about being fired for filing your maritime injury claim, you should talk with an experienced maritime attorney who can go over your options. As an injured seaman, you do have legal rights and can pursue compensation for your injuries. If you are wrongfully terminated, you may be able to get your job back.
For more information, contact our law firm and speak to a maritime injury attorney.
Under a federal law, known as the Jones Act, if you are a seaman and have been injured by negligence or an unseaworthy vessel, you may be able to file a claim against your employer. Negligence can involve a co-worker.
When you are working on the high seas or other navigable waters, you generally rely on your co-workers. The tasks you complete as a Jones Act seaman can be incredibly physical and when you combine that with the heavy equipment and machinery you may be using, the risk of injury is high. The odds are even greater of sustaining a maritime injury when your co-worker is negligent. If you have been injured because of a negligent crewmember, you may be eligible to file a Jones Act claim to seek compensation.
Jones Act cases can be complex, which is why you should always consult with an experienced maritime attorney immediately following a maritime accident. There are deadlines that have to be met and if you miss the statute of limitations, you will have difficulty collecting monetary damages for your Jones Act injuries.
Admiralty law, which is also known as maritime law, regulates maritime activities, as well as the relationship between private entities that operate vessels on the sea. This body of law handles issues relating to maritime, such as maritime commerce, navigation, shipping, sailors and the transportation of passengers and goods by the ocean. It also governs various commercial activities, including land based, that are considered to be maritime related.
This law is different from the Law of the Sea, which is public international law that deals with navigational rights, mineral rights, jurisdiction and international law governing relationships between countries.
Admiralty law was adopted by the United States after admiralty cases began to arise following the establishment of the U.S. Constitution in 1789. Numerous United States attorneys who were prominent during the American Revolution were admiralty lawyers, including Alexander Hamilton and John Adams.
Admiralty law includes such features as maintenance and cure, which is compensation for injured seamen. Maintenance refers to basic living expenses, while cure refers to medical care. A seaman who has sustained a maritime injury can also pursue compensation based on the doctrine of unseaworthiness or the Jones Act.
In addition, the law allows injured passengers to pursue a lawsuit against the ship owner for any injuries incurred due to negligence. Based on admiralty law, the ship owner owes a duty of reasonable care to passengers.
