Essential First Steps for Seamen Injured on the Job
Seamen and other maritime workers should always take prompt action after a maritime injury to ensure they receive the medical attention and compensation they are entitled to under the law. Knowing the rights and procedures governing the Jones Act and whether you need to be represented by maritime lawyers is vital to taking full advantage of the benefits available to maritime workers injured on the job. Seek Immediate Medical Attention Don’t ignore small wounds, painful bruises, and superficial injuries. Request medical personnel to examine the injury as soon as possible to avoid future complications. Prioritizing your health and safety while at sea is important for you and the crew and for successfully fulfilling your duties. Keep accurate documentation of your injuries and include details like where the injury happened, boat and weather conditions at the time of injury, and treatments prescribed by the attending physician. Report the Injury to the Employer Document the exact time the injury occurred and when you reported the injury to your employer. If your injury legally entitles you to supplementary compensation, don’t wait several hours before reporting it. A defense attorney would likely point out the injury wasn’t severe enough to be reported immediately. Keep copies of everything you report, including text messages, voicemails, and other communications with your employer and physicians. Gather Evidence Collect detailed statements from all witnesses to the injury, if possible. Witness statements can help bolster accusations of unsafe conditions or other negligence aboard the vessel. Take photographs of the injury, the accident scene, and anything else you consider relevant to the injury. Keep and preserve any equipment involved in the injury to prove that a defective item aboard the ship may have contributed to the injury. For example, cables aboard cargo ships should be regularly inspected for defects. If a seaman is struck by a defective cable that snapped while securing cargo, and the defect existed before the cable snapped due to lack of inspections, the seaman may be entitled to additional compensation. Understand Your Legal Rights Maintenance and Cure Seamen suffering a maritime injury typically have the right to the no-fault benefits of Maintenance and Cure. Maintenance benefits for injured seamen include most household expenses, such as utilities, mortgage, rent, property taxes, and necessary supplies. Cure benefits include payments for medical expenses during the seaman’s recovery. Maintenance and cure benefits continue for as long as it takes the injured seaman to recover fully or achieve a condition called “maximum medical improvement.” This means they have reached a recovery point that is not expected to improve. The Jones Act The Jones Act (46 U.S. Code Part G–Merchant Seamen Protection and Relief) is a federal law allowing maritime workers to sue employers when injured at sea. The Jones Act also gives qualified workers the right to injury-related compensation if the worker can show the injury happened due to a vessel’s “unseaworthiness.” Under the Jones Act, seamen can make a maintenance and cure or negligence claim if they prove their vessel is unsafe or poorly maintained and that subpar conditions contributed to their injury. Specifically, the injured seaman must provide evidence that a crew member, vessel captain, or vessel owner was negligent and failed to take proactive measures to ensure the safety of the crew and vessel. Common unsafe conditions reported in Jones Act negligence claims include equipment malfunctions, improper training methods, co-worker negligence, and employer disregard for general crew safety. Consult a Maritime Injury Lawyer A seaman with a maritime injury can handle their case independently of legal counsel. However, seasoned maritime lawyers strongly urge injured seamen to seek legal assistance to avoid being taken advantage of by employers and their insurance companies. Unfortunately, employers and maritime insurance agencies do not have your best interests in mind. Instead, they will do everything possible to significantly reduce your settlement or have it thrown out of court altogether. Don’t depend on personal injury lawyers unfamiliar with the complex laws governing The Jones Act. Only maritime lawyers with in-depth knowledge of nautical codes and laws regarding maritime injuries have the kind of high-level expertise necessary to obtain an outcome advantageous to your situation. Contact the Ledger Law Firm Today to Schedule a Free Consultation with Maritime Lawyers Remember that taking immediate action after a maritime injury is vital to getting the benefits you deserve. Report the injury as soon as possible, take photos of the injury and the environment in which the injury happened, get witness statements, and seek treatment promptly. Getting legal advice from the top-notch maritime lawyers at our law firm can mean the difference between receiving adequate compensation or being taken advantage of by self-serving employers and maritime insurance companies. Call 800-300-0001 or fill out this form to schedule a free consultation with The Ledger Law Firm if your maritime injury prevents you from earning a living wage. We can help you get the benefits and compensation you are entitled to under federal law.
The Jones Act: What It Means for Injured Maritime Workers
What is the Jones Act? There is a lot of controversy surrounding the Jones Act because it has a huge impact on maritime trade. Critics claim that it’s outdated and even dangerous, and there have been changes to it over the years. But it is important for maritime workers. The Jones Act is also known as the Merchant Marine Act of 1920. The main point of the Act is that it regulates commercial activity between U.S. ports. Under the Jones, Act, every ship transporting goods from one U.S. port to another must be built in the U.S. must fly the American flag, must be owned by U.S. citizens, and must have a majority of American crew (at least 3/4). This wasn’t the first act of its kind and was thought to be important for American security. There are important legal consequences of the Jones Act for employers and employees. Most importantly, the Jones Act provides important protections for those working on the ships. The Federal Employer’s Liability Act (FELA) applies to those on the ships, and injured parties can ask for jury trials. Injured seamen can claim damages for current injuries and future treatment. Who is Covered Under the Jones Act? The definition of a seaman under the Act is broad, with the potential to cover almost anyone involved. There must be a significant relationship to one of the ships, and the courts will consider the nature of the relationship and how long the relationship has lasted. The employee must work with the ship at least 30% of the time. Examples of those who are covered include sailors, divers, mechanics, pilots, drillers, and cooks. However, students, sailing school instructors, and scientific personnel are not included. Rights and Protections Provided by the Jones Act Right to Compensation Workers will be eligible for compensation for any injury caused by employment. This can include broken bones, burns, and other kinds of injuries. Injuries can be caused by anything from falling overboard, slipping and falling, fires, explosions, lifting, exposure to dangerous chemicals, and collisions with other boats or objects. If your employer’s negligence caused your injury, you may be eligible for compensation. Negligence Claims Negligence is when someone who owes a duty fails to take reasonable care. This often happens when employers fail to maintain equipment or take care of hazards as soon as they become known. Negligence also occurs when employers fail to adequately train their employees. Maintenance and Cure Maintenance and cure is a maritime law obligation. This is a no-fault benefit, meant to encourage employers to take care of their duties promptly. With maintenance and cure, employers take care of injured and ill seamen immediately, without considering fault. Filing a Claim Under the Jones Act Steps to Take After an Injury It is important to act immediately after an injury. First, report the injury, even if you think it is minor. Failure to report the injury right away can make it harder to prove causation later. You may also face arguments that the injury is not serious. Even if you fail to report immediately, you must make a report within 7 days. Don’t worry about blaming your employer when you fill out the report; it is important to be honest. Gathering Evidence If possible, take photos of the area where you were injured and collect the names of any witnesses. See a doctor as soon as possible and keep all your medical records together. Legal Process Because of the unusual situation, you can file a claim in federal or state court. There is a time limit, though, and you will need to file your claim within 3 years of the injury. When your Jones Act lawyer files a claim on your behalf, you can ask for all reasonable damages, including medical bills, ongoing treatment, time lost from work, pain and suffering, and anything else your injury cost you. Common Challenges and How to Overcome Them Proving Negligence Similar to other negligence claims, there are 4 elements to a negligence claim: There must be a duty of care owed to the employee. There must be proof that duty was breached and that the breach caused the injury. You also need to prove actual injury or damages. The hardest part to prove is usually causation. The question is: Would the injury have occurred without the employer’s negligence? This is where it becomes so important to collect all possible evidence. Dealing with Employers and Insurance Companies Even if you have a good relationship with your employer, they will have their own best interests in mind. Insurance companies are notorious for trying to pay as little as possible on a claim. Don’t agree to anything before you speak to an attorney, because you need to protect your rights. Conclusion The Jones Act protects seamen who are injured as part of their employment. If you are a seaman who was injured on the job, make sure you get the care you deserve. Seek legal advice right away so you don’t give away any of your rights. We understand how stressful it is to deal with a work injury and how that injury impacts every area of your life. Please feel free to ask for a free case evaluation at Ledger Law or call (800) 300-0001 today.
Navigating International Waters: What Happens When a Maritime Injury Occurs Outside U.S. Jurisdiction?
The vast and unpredictable nature of the world’s oceans presents a unique set of challenges for maritime workers. From commercial fishermen to crew members on cargo ships, those who work at sea often face dangerous conditions. But what happens when a maritime injury occurs outside U.S. jurisdiction? Navigating the complexities of international waters can be daunting, especially when it comes to seeking compensation for injuries. This article explores the legal intricacies of maritime injuries that occur beyond U.S. borders and what injured workers need to know. The Challenge of Jurisdiction in International Waters When an injury occurs on land, determining which laws apply and where to file a claim is relatively straightforward. However, in international waters—defined as areas beyond the territorial sea of any country—jurisdiction becomes a complex issue. The location of the vessel, the nationality of the injured worker, the flag under which the ship sails, and the nature of the employment contract all play a role in determining which laws apply. Key Factors in Determining Jurisdiction Flag of the Vessel: One of the primary factors in determining jurisdiction is the flag the vessel flies. Ships are registered in specific countries, and those countries’ laws generally govern incidents that occur aboard their vessels. This means that if a vessel is registered in Panama but operates in international waters, Panamanian law may apply to any injuries that occur on board. Nationality of the Injured Worker: The nationality of the injured worker can also influence jurisdiction. If a U.S. citizen is injured on a foreign-flagged vessel in international waters, they may still have the right to bring a claim under U.S. law, depending on the circumstances. Location of the Incident: While international waters are generally outside any country’s direct legal jurisdiction, the location of the incident can still impact the case. For example, if the injury occurred near the territorial waters of a specific country, that country’s laws might come into play. Employment Contract: Many maritime workers sign contracts that specify which country’s laws will apply in the event of a legal dispute. These contracts can be crucial in determining where and how a claim can be filed. The Role of the Jones Act For U.S. maritime workers, the Jones Act provides significant protections, allowing injured seamen to bring claims against their employers for negligence. However, when an injury occurs in international waters on a foreign-flagged vessel, the applicability of the Jones Act becomes less clear. In some cases, U.S. courts have allowed Jones Act claims to proceed even when the injury occurred outside U.S. jurisdiction, particularly if the seaman has strong ties to the U.S., such as being a U.S. citizen or resident. Filing a Claim: Where and How? The first step in filing a maritime injury claim is determining the appropriate venue. This can be particularly complicated when dealing with injuries in international waters. A few key considerations include: Venue Selection: The employment contract or collective bargaining agreement often outlines where legal disputes must be resolved. It’s important to carefully review these documents to understand where a claim can be filed. Choice of Law: Even if the venue is determined, the choice of law (which country’s laws will apply) can be another layer of complexity. This can affect everything from the types of damages available to the procedural rules that govern the case. Statutes of Limitation: Different countries have different statutes of limitation for filing injury claims. Injured workers must act quickly to preserve their rights, especially when the laws of another country apply. The Importance of Legal Representation Given the complexities involved in maritime injury cases that occur outside U.S. jurisdiction, securing experienced legal representation is crucial. A maritime injury lawyer with expertise in international cases can help navigate the various factors that influence jurisdiction, determine the best venue for filing a claim, and advocate for the injured worker’s rights under the applicable laws.
