Maritime Personal Injury
What is a maritime personal injury?
Maritime personal injuries are injuries that occur on or near the water. Crewmembers, longshoremen, yacht construction workers, recreational boaters and other individuals injured on the water may be subject to unique federal laws which will determine the rights and responsibilities of the parties involved. The main federal laws that apply to maritime personal injuries are the JONES ACT and the LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT.
THE JONES ACT is a federal law enacted in 1920 aimed at protecting certain land-based or sea-based workers who face the unique perils of working in a marine environment aboard a vessel.
These cases can be filed in state or federal court against the worker's employer. Companion unseaworthiness claims may be filed against the vessel owner as well.
Common examples of Jones Act "seamen" are dredge, tug, and ferry captains, mates, deckhands, engineers, boatmen and commercial divers.
The LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT (LHWCA) is a federal law created to protect workers who are not assigned to a vessel, but whose duties involve loading/unloading ships, working around docks and cargo, and constructing large yachts. These claims are handled in a complex federal administrative system.
THE GENERAL MARITIME LAW and a maze of federal and state statutes regulate the activities of the everyday recreational boater; it involves such concepts such as protection of passengers, navigational rules, prudent seamanship, vessel condition issues, limitation of liability, and federal laws pertaining to safe boating.
When do I need an attorney?
In deciding when to contact an attorney, sooner is always better than later, and contacting us for an initial consultation will not cost you anything. Often an employer will pay an injured seaman's Maintenance and Cure, while telling the seaman that he or she doesn't need a lawyer.
The deadline for filing a claim in court arising out of a maritime accident can be difficult to determine. Similar situations may have very different deadlines for filing. Some claims are state law claims and will generally have a one (1) year, two (2) year, or three (3) year statute of limitations. Other claims for maritime personal injury or death fall under federal maritime law which generally has a three (3) year statute of limitations. Even under federal law, however, the deadline may be different from claim to claim. Maritime claims against the United States, for example, have a two (2) year statute of limitations. In short, it is best to promptly investigate and assert any claim which you think you may have and to obtain competent legal assistance immediately in determining any filing deadlines which may apply.
Why do I need an attorney?
Your employer and its insurance company want to pay as little as possible for your injury and get you back to work as soon as possible even if it is not in your best interest to return to work. Attorneys in our firm have previously represented employers and insurance companies for over a decade. We know what they look for, how they think, their strategies, and their tactics. Most importantly, we know what they are willing and able to do. Without an attorney, you are at the mercy of your employer and its insurance company.
How much does it cost to hire an attorney?
Our firm offers a free consultation to determine if you have a claim. If you do have a claim and we become your attorneys, our firm handles injury cases under a contingency fee. We receive a percentage of the recovery as our fee through either case settlement or trial. We make every effort to maximize your results as quickly as the situation allows.
