The maritime industry is a big business for the Gulf Coast and the people who call this area home. However, work is dangerous and seafarers are often subject to injuries due to terrible working conditions in tugboats, push boats, offshore platforms, jack towers, semi-immersion towers, crew ships, drill barges and submarines. other ship types. What you need to know about maritime law?
If you are injured near the shore or in deep water operations, there are a few things you should know when it comes to mariitme laws and injuries.
What exactly is Maritime Law?
Maritime Law, also known as Forensic Law, is a field of law designed to regulate and solve legal issues related to maritime navigation, trade and maritime workers cargo.
There are some laws and actions that have been established as a guide for compensation that maritime workers may receive in the event of injury. It is important to note that Maritime Law falls within the federal jurisdiction; This usually means that any legal claim and case should be handled by a federal court. Due to differences in law, it is important that you hire a maritime lawyer rather than a personal lawyer. What is the purpose of maritime law?
Complications may occur in this process and you need a lawyer who can successfully direct this field of law and give you meaningful results.
The Different Types of Maritime Laws
Maritime laws are divided into different types of damage caused by injuries caused by the accident and the characteristics of the accident.
The major laws include:
Maintenance and Cure
When a seafarer is injured in a work accident, he or she receives care, regardless of how and when it occurred. This law ensures that seafarers’ daily living expenses are covered during recovery.
This may include:
- Property taxes
- Rent or mortgage
- Homeowner’s insurance
- Medical expenses
Maintenance, telephone, internet, vehicle payments, gas and similar expenses.
Correction Part of this assistance includes medical expenses incurred during the injury and recovery process, such as doctor visits, medicines, examinations, rehabilitation and more. However, these benefits were only provided until the physician gave a clean invoice to return to work.
The Jones Act
This federal law allows seafarers to sue a negligent party (ie the employer), but the burden of proof rests on them.
If you choose to file under Jones Law, you will need to prove:
- The injury occurred while on the job.
- The injury occurred as a result of unsafe working conditions.
The best result for the injured party is that the Jones Law carries a low burden of evidence. An injured seafarer should only demonstrate that employer negligence – although small – is involved in the injury.
Some of the most common reasons for employer liability include, but are not limited to:
- Spills on ship’s deck.
- Employer failing to ensure equipment work properly.
- Failure to provide employee with safety gear.
The compensation that an injured employee may receive through the Jones Law depends on the nature of the case and the severity of the injury. Remember to not sign any documents or forms provided by your employer or insurer until you hire a maritime lawyer.
Longshore and Harbor Workers’ Compensation Act (LHWCA)
The LHWCA is a worker compensation program provided to non-seafarer maritime workers (eg for a long time). These include long-term employees, dockers, dockers and those working at transport terminals and shipyards.
The compensation and benefits can include but are not limited to:
- Compensation eligibility for permanent disabilities.
- Compensation for loss of limb resulting in loss of earning capacity.
- Eligibility to receive approximately 66.7% of weekly wages during the recovery period.
It is strongly recommended that you make a formal application immediately after the injury. The LHWCA has a one-year restriction law on benefits and is best for you during this time.
Death On the High Seas Act (DOHSA)
This law allows family members to pay legal compensation to a ship owner if they are killed during work at sea.
Compensation usually consists of:
- Other expenses incurred as a result of the family member’s death
- Loss of financial support
- Funeral expenses
The individuals eligible to receive these benefits are:
When an applicant makes a claim under DOHSA, they need to provide proof that their loved ones have been timeless as a result of bad decisions leading to a negligent ship owner or disaster.
The most common types of accidents solved by law are:
- Defective equipment
- No safety protocols set in place to prevent
- Sunken vessel
- Explosion or onboard fire
There is a three-year restriction law when filing in accordance with DOHSA. It is absolutely important to hire an experienced and well-informed maritime lawyer, because such situations are often complex and may require sufficient time to prepare properly.
Maritime Injury Law
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