The amount of time that it takes to conclude your case depends on where the case is filed. An injured marine worker is entitled to bring his case in either state or federal court. There are often several court locations or venues where a marine worker can bring his case. Once again, it is important to consult with an experienced maritime lawyer to know the very best place to bring a case. The length of time to conclude your case depends on where the case was filed. Some of the various places a suit can be filed can include your home town, the headquarters or main office of your employer, the site where the accident occurred, or a site where many of the witnesses live or work. Your attorney will select the best possible venue to bring your case.

A seaman an individual who is a member of a crew of a vessel or is a member of a crew of vessels under common ownerships. One of the reasons it is important to hire experienced maritime counsel is that the determination of who is a seaman and who is not is often a very technical and detailed analysis that must be made to determine what type of compensation the injured party is entitled. If one is found to be a seaman, he is entitled to recovery under the Jones Act and the general maritime law. He is one of the few workers who have a direct cause of action against his or her employer. If you work on the water, but are not considered a seaman, you may have a Longshore Harbor Workers Compensation or State Compensation remedy in addition to what is known as a third-party suit if you were injured through the fault of a company or individual that is not your employer. Once again, this is often a very detailed and fact specific analysis that must be made by competent and experienced maritime counsel.

You should ask your lawyer how many maritime cases he or she has handled, if he or she works with other firms in representing you, and how much money they have recovered on behalf of clients.

Our firm works on a contingency fee basis. That means we do not recover any fees unless we recover money on your behalf. We recover a percentage of your settlement or jury verdict. We also advance all of the case expenses and can advance living expenses in venues where it is permitted by law. In other words, you pay nothing unless you recover. You pay us no fee unless we recover money for you and you have no obligation to pay back expenses or advances unless we recover money on your behalf. Case expenses include, filing fees, deposition fees, medical record fees, and other costs normally associated with the prosecution of a maritime case.

If you are a member of a crew of a vessel, you are considered a Jones Act seaman. If you are a Jones Act seaman, you do not receive workers’ compensation, but rather receive a daily payment known as maintenance. Maintenance is designed reproduce your food and lodging while onboard a vessel or a rig. It is not designed to pay all of your living expenses. Many companies have a fixed rate of maintenance that can vary from $15 a day to up to approximately $50 a day. An experienced maritime lawyer can assist a seaman in getting the correct amount of maintenance which should include payment for your rent and/or mortgage, utilities, food, and travel back and forth to the physician. Maintenance should be paid to an injured seaman regardless of fault on your employer or other company. The employer is also responsible for paying cure which is medical treatment provided by a physician of your choice until you reach maximum medical improvement. There is often a battle to get maintenance and cure started and that is why it is important to hire an attorney as soon as possible after an injury. Once again, maintenance and cure is payable whether or not the injured employee can establish liability or fault on the employer, other company, or person.
If liability or fault can be established against the employer or other party, then other damages can be awarded. This fault is known as liability and can be established by proving negligence on the part of your employer or other person for directing or requiring an employee to do an unsafe act that causes an injury or if the employee can establish unseaworthiness, which means a part of the vessel is not fit for its intended purpose and that the unseaworthy condition caused the injury. On many occasions, the injured party can proved both negligence and unseaworthiness. For example, if an employee is ordered to lift an item that is too heavy for one person to lift by himself by his superior, that can be considered negligence. An example of unseaworthiness would be oil or grease on the deck of a vessel or a wire or cable that breaks and causes injury. An experienced maritime lawyer can explain in detail the requirements to prove liability and establish the Jones Act or other maritime case. On some worksites, a maritime employee is working on a platform or does not have the requisite time on a vessel to be considered a seaman and may have what is considered a third-party case.

If you are a seaman who was injured while working on a vessel, you may be able to file a third party lawsuit in addition to a Jones Act claim. A third party is basically any person or company that is not your employer. For example, a third party can be a manufacturer or contractor.

It can be confusing knowing when a third party lawsuit applies. An example of a third party claim would be a product liability lawsuit for defective equipment against the manufacturer of that product. Other examples where a third party claim comes in to play is when injuries were caused by negligence or machinery failure that resulted from the actions of a party other than your employer.

There is no question that working in the maritime industry can be dangerous. Every year, countless seamen are the victims of serious injuries, including brain injury, spinal cord damage, back injury and burns. The Jones Act and General Maritime Law allow maritime workers to obtain compensation for their injuries. The settlement from a lawsuit that involves a maritime accident or injury can be substantial.

To be eligible to file a claim under the Jones Act, the injured worker must be considered a seaman to recover damages. By definition, a seaman is a member of the crew of a vessel or someone who is assigned to a fleet of vessels for his employer. Proving seaman status at the time of the injury can be complex and requires a thorough understanding of maritime law. The Jones Act attorneys at the Willis Law Firm have extensive experience in helping injured seamen receive compensation under the Jones Act.

The U.S. Congress passed the Longshore and Harbor Workers’ Compensation Act, which limited the term “seaman” when referring to the Jones Act as “a master or member of a crew of any vessel.” Therefore, workers on tankers, semi-submersibles, freighters, jack-up rigs, towboats, tugboats, supply boats, barges, lay barges and fishing vessels are all considered seamen as they are members of the crew. The Captain and Officers fall under this classification, as well. Crew members who work on movable or jack-up drilling rigs are also considered to be seamen and are protected under the Jones Act.

Generally, a longshoreman, pilot and workers on fixed platforms do not fall under the category of seamen. If a worker does not qualify as a seaman, there may be other maritime remedies available.

There are certain criteria that need to be met in order to prove seaman status, which are as follows:

• The vessel must be in navigation.
• Duties performed by the employee must contribute to the vessel’s function.
• The worker must have a substantial connection with the vessel in navigation.
• The total circumstances of the worker’s employment should be considered when determining seaman status and not just one factor.

When deciding if a worker is a seaman, the duration of the worker’s connection to the vessel and the activities assigned will be reviewed. This review will help differentiate whether the worker was a crew member or a land based employee who happened to be on the vessel.

One important fact to remember regarding seaman status is that it does not rely on where the injury took place, but instead on the nature of the worker’s service, member status on the vessel and the relationship to the vessel and its operation in navigable waters.

The maritime attorneys at the Willis Law Firm will be able to review your case to determine your seaman status. They can be reached 24 hours a day, 7 days a week.

After an accident on a barge, rig or other vessel, you may be bombarded with paperwork from your employer’s insurance company. As soon as you report an offshore injury, an investigation will begin. Your employer or the insurance company will talk with witnesses, look at the accident scene and request that you make a recorded statement. They are trying to minimize responsibility which can lower your settlement, or even claim that you were to blame which makes them less liable.

Do not give the insurance company a recorded statement, which is discussed further in our article, Should I give a recorded statement after an offshore injury. You may also be asked to sign a maritime release or settlement agreement for your offshore injuries. It is important that you talk with an independent maritime lawyer before signing any paperwork.

If your injury is serious, you will be forced to face medical expenses and lost wages. In some cases, maritime employees are not able to return to work in the same capacity, which can lead to an economic hardship. Your employer and the insurance company know that a serious or permanent injury can cost them a lot and therefore, they will encourage you to sign a release that will prevent you from asking for more money in the future. A release will close your maritime injury claim for good and could even place a freeze on the insurance company’s liability for your future medical expenses.

There have also been some reports of maritime employers requiring or strongly persuading injured employees to sign paperwork before getting medical benefits or maintenance. However, such paperwork does not have to be signed under the Jones Act, which is a law that protects injured seamen. Do not sign paperwork from your employer as there can be disclosures and clauses hidden that could prevent you from filing a Jones Act lawsuit in court.

Maritime injury cases are too complex to handle yourself. A maritime lawyer can make sure that your legal rights are protected and that you receive the compensation you deserve for your injuries. When you work with a maritime attorney, you can feel comfortable knowing that you will not be taken advantage of by your employer or the insurance company. Contact our law firm for a free and confidential consultation regarding your case. We will work hard to ensure that you are treated fairly.

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.