Do I Have The Ability To Submit A Claim By Way Of Maritime Law?
- Author Jason Fosnot
- Published December 22, 2011
- Word count 559
Whether you are employed as a seaman, dockworker or offshore laborer, in the event that you've been injured throughout the course of your naval trade employment then you likely have entitlements through maritime law. Depending on your job, your impairment grievance is subject to different conditions and settlement regulations.
Qualified maritime law lawyers have the ability to assist you in determining what laws are applicable in your circumstances and get you the greatest compensation achievable.
Which People Qualify As Maritime Laborers?
Not every person who is a naval laborer is regularly employed on a boat. Maritime legislation distinguishes between seamen and non-sailors. If you labor as a seaman, you are probably able to register a claim under the Jones Act in the event that you've been injured while working.
Seamen are crewmembers of a ship that is in navigation and not permanently moored or connected to on-shore conveniences. They have to also add to the vessel's operation or navigation.
Naval workers not in that division also possess liberties. Samples of non-mariner vocations that might be qualified to submit injured employee complaints include:
Unloading/loading boats
Mending/assembling vessels
Pier, wharf, dry dock or terminal worker
In the event that you work in those professions and were wounded while working, you may be entitled to compensation under the Longshore and Harber Workers Compensation Act. A qualified maritime lawyer will have the ability to conclude whether your complaint falls under this legislation.
Grievances Under The Jones Act
An injured seaman is entitled to compensation from their maritime employer under the Jones Act ifin the event that the business owner or a co-worker's carelessness resulted in the injury.
A few samples of conceivable grievances include:
Failing to allow a safe job atmosphere
Violation of safety regulations
Failing to provide suitable medical care
Negligence of other workers for which worker is accountable
Boat not viably fit for desired use
These are simply some of the credible bases for Jones Act cases. In the event that you have been involved in a maritime piracy incident, you could also have a grievance under this law. A maritime piracy attorney is able to best guide you on what regulations you have entitlements under.
Claims by way of this law must in most cases be brought inside of three years of the injury and can provide reparation for damages that are drastically greater allotments than those under the Worker's Compensation Act.
Alternate claims that could be filed under this maritime law are Maintenance and Cure. Maintenance is a daily subsistence amount a Jones Act manager has to pay to hurt laborers regardless of fault or negligence. Cure is the payment of viable medical costs throughout your period of recovery. These claims can be submitted in addition to or separate from negligence grievances.
Grievances Under The Longshore and Harbor Worker's Compensation Act
For laborers recognized as non-seamen, it is still feasible to qualify for a maritime law grievance. Wounded laborers who are eligible to submit grievances under the Longshore and Harbor Worker's Compensation do not have to provide proof of employer laxness to be eligible for benefits.
LHWCA is able to arrange the following assistance for qualified workers who are wounded or become sick as a result of their job: medical costs, disability allotments and wrongful death benefits for families of laborers killed in the course of employment.
In the event that you're a maritime laborer who has been injured while working, call or write the experienced maritime lawyers at Schechter McElwee Shaffer & Harris immediately for a complimentary consultation concerning your maritime injury or jones act problem.
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