Can I file a claim under maritime law?

September 18, 2021 0 Comments

Whether you are employed as a seaman, dockworker, or offshore worker, if you have been injured in the course of your employment in the shipbuilding industry, you probably have rights under maritime law. Depending on your job, your disability claim is prone to different repair prerequisites and regulations.

Qualified maritime attorneys have the ability to help you determine which regulations are applicable in your situation and obtain the highest possible settlement.

What people qualify as maritime workers?

Not all people who are marine workers regularly work on a ship. Maritime law distinguishes between sailors and non-sailors. In the event that you are employed as a sailor, you may be able to file a claim under the Jones Act if you have been injured on the job.

Sailors are members of the crew of a ship that is sailing and not permanently anchored or subject to shore facilities. They must also contribute to the function or navigation of the ship.

Naval workers who do not belong to that category also have rights. Non-marine profession representations that may be qualified to file injured employee claims include:

  • Removing goods from or within ships
  • Ship repair / construction
  • Dock, dock, dry dock or terminal worker

If you are employed in these capacities and were injured on the job, you may be eligible for a settlement under the Longshore and Longshore Workers’ Compensation Act. A qualified maritime attorney will be able to decide if your complaint falls under this regulation.

Complaints under the Jones Act

An injured seaman is eligible for a repair from his maritime employer under the Jones Act if in the event that the negligence of the employer or a co-worker caused the injuries.

Some representations of feasible torts include:

  • Failing to provide a safe work environment
  • Violation of safety regulations.
  • You fail to provide enough medical care
  • Neglect of other workers for whom the worker is responsible
  • Container is not reasonably plausible for intended use

These are just a few of the sustainable views for Jones Act cases. If you have been involved in a maritime piracy incident, you may also be eligible to file a claim under this law. A maritime piracy attorney has the ability to better advise you on the laws under which you have rights.

In most cases, complaints through this law must be filed within three years of the complaint and have the ability to allow for damages that are considerably higher outlays than those found under the Act. Workers’ Compensation.

Alternative claims that could be filed under this maritime law are Maintenance and Cure. Maintenance is an amount of daily living that a Jones Act business owner has to pay to injured employees regardless of cause. The cure is the allocation of reasonable medical costs throughout your recovery time. These complaints may be recorded in addition to or separate from carelessness complaints.

Complaints you can file under the Longshore and Harbor Workers’ Compensation Act

For employees considered non-seamen, it is still conceivable to be entitled to a maritime law claim. Injured employees who are eligible to file claims under Longshore and Dockworkers’ Compensation are not required to prove employer negligence in order to qualify for assistance.

The LHWCA has the ability to arrange the following benefits for authorized workers who are injured or ill as a result of their work: medical charges, disability allowances, and wrongful death benefits for the families of employees who died in the course of employment .

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