Learn Your Rights and Options Following a Maritime Injury

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Maritime accidents and injuries are an unfortunate part of life for those who work in such a high-risk industry. However, although some accidents can’t be helped or prevented, there are a myriad of other instances in which employer negligence causes seamen to get hurt, sometimes leaving them with lifelong medical issues and disabilities.

If you’ve been injured due to employer negligence, you may be entitled to compensation and benefits. Employers are obligated to protect their workers by providing a safe working environment, and if they fail to do so, they should be held liable for damages.

If you or a loved one have been injured while on the job, we can help you determine if employer negligence caused your injuries.

Fill out our form today for your complimentary Maritime Injury information about compensation that may be available. Our comprehensive information will help guide you through your rights and options and help you understand what you may be entitled to.

Maritime Accidents and Injuries

In such a dangerous occupation, the risk of succumbing to an accident is present every day in a maritime worker’s world.

Some of the most common accidents include:

Slip and falls, Collisions, Pollution, Swinging and/or falling objects, Chemical burns and inhalation, Winch failures, Fishing accidents, and Diving accidents.

It’s estimated that over 70% of all maritime accidents occur due to negligence. For instance, even when a mechanical error is present that puts a seaman at risk, lack of employer observance and failure to repair the situation before a worker gets hurt is one of the most common reason for injuries and accidents. In addition, overworked seamen who are expected to continue working prolonged hours are at a much higher risk of accidents and injuries when compared to those who are given enough breaks and rest time to properly do their jobs.

Other accident reasons include:

  • Broken winches and coiled cables
  • Broken equipment
  • Cargo handling failure, such as broken bundle straps and other defective parts
  • Falling overboard or slipping due to unkempt work areas and wet surfaces
  • Electrical and power generation issues
  • Lack of safety gear and equipment
  • Lack of required safety training
  • Lack of ventilation in enclosed spaces

If you or a loved one were involved in a maritime accident, we offer a free Maritime Injury information about your rights and options.

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Legal Rights and Options for Maritime Workers

Several acts and regulations were set in place to protect maritime workers in the event of injury or death. Since maritime laws are different from land-based laws, these acts and regulations were created to hold the responsible parties accountable should injuries occur.

The Jones Act

The Jones Act protects seamen if an injury occurs while on the job, due to employer negligence. Poor training, lack of safety gear, unsafe work areas, malfunctioning equipment, and overexertion are just a few among the many instances in which employer negligence causes accidents and injuries. As mentioned earlier, employers have the obligation to protect their workers while on the job, which includes providing adequate training and safety gear, and a safe environment to work in with functioning equipment.

The Longshore Harbor and Workers’ Compensation Act

While the Jones Act protects seamen if injured, the Longshore Harbor and Workers’ Compensation Act (LHWCA) protects maritime workers whose work is based on shore, but otherwise considered offshore work. In other words, LHWCA protects maritime workers that the Jones Act may not cover.

Death on High Seas Act

The Death on High Seas Act protects loved ones if a maritime worker dies due to negligence while working at sea. Dependents and spouses are eligible for compensation as long as the accident occurred at least three miles offshore in the United States and happened due to negligence of another party.

Maintenance and Cure

Regardless of how an injury happened or who is at blame, seamen have the legal right to obtain maintenance and cure benefits while recuperating. Maintenance and cure benefits covers medical care as well as compensation for daily living expenses.

Financial Compensation for Maritime Workers

Financial compensation is available to maritime workers who’ve been injured while working, but the amount will greatly depend upon the circumstances surrounding the accident and the severity of the injuries. It’s important to understand your options before signing any paperwork that dismisses your injuries or compromises the compensation you deserve.

It’s always a good idea to get the process started as soon as possible, before your state’s statute of limitations run out. When applying for maritime compensation and benefits, the sooner you get your case started, the better.

For additional information on your rights and to learn what you may be entitled to, we invite you to fill out our contact form.

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