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.

This is the question the clients ask most often. The short answer is that no attorney can accurately tell a client at the beginning of a case how much the case is worth. Much work will need to be done on the case before a value for the case is determined. The case value depends on many factors, including how difficult it will be to establish fault on a company you worked for or which caused your injury, whether there is any fault on the client for causing the injury and if there is a link between the alleged fault and the injury. Generally, if you are successful in your case you can recover lost wages, future lost wages if you cannot return to work, medical expenses, and damages for your pain and suffering.

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.

The first thing you must do is report your injury. If you have to fill out an accident report, explain on the accident report how it is that you got hurt and what part of your body is hurting. It is very important to make note of the reason the accident happened if it involves the fault of your employer, other person, or company. For example, if something breaks and causes you to get hurt – note it on the accident report. If you slip and fall on a foreign substance on a deck or floor – note it on the incident report. If you did not get enough help for a job that you were ordered to do – note it on the incident report. Also, many employers are in a rush to have their employees give a recorded or sworn statement before the employee has an opportunity to talk to an attorney or even reflect on how it is that he got hurt. On many occasions, an adjuster will come to talk to you while you are in the hospital emergency room or while an injured person is on strong pain medication. Do everything in your power to resist giving that statement before you have talked to an attorney. If you must give a statement, however, make sure that when you are asked if anything caused your injury, you give accurate and detailed information as to the negligence or fault on the company that you wish to bring a claim against.

Many companies ask their employees to sign what is know as a “waiver” of their right to sue under the Jones Act or the general maritime law. You do not have to sign this. If you do sign this, you will be forced to arbitrate your case and not have a judge or jury decide your case. This is both unfair and costly to the injured party. The issue as to whether this is an appropriate action by the employer is the subject of many lawsuits. Often the employer will tell you that they will not pay your medical bills or support you if you do not sign these “waivers,” but the law requires your employer to take care of you whether or not you sign the waiver or not.

Finally, it is important that you contact an experienced maritime lawyer as soon as possible. An experienced maritime lawyer can assist you in receiving the proper compensation for your injury and assist in finding appropriate doctors to treat your injury. An experienced maritime lawyer can hit the ground running to investigate your case before the witnesses to your injury are scattered across the country and possibly the world. The longer a case goes uninvestigated by the injured party, the less information will be available to assist that employee. Remember, the employer has lawyers and investigators that will immediately begin working to prepare a defense. If you are not represented, there is no one representing your interest.