All maritime employees are not protected by the Jones Act, 46 U.S.C. § 30104, which is a federal law that regulates the maritime trade between U.S. waters and ports. While all maritime workers have legal rights, not all can access workers’ compensation or other benefits through the Jones Act. To qualify to file a Jones Act …
At Laborde Earles Injury Lawyers, we seek to provide answers to injury victims no matter the specifics of their situation. Our frequently asked questions section is a good place to start if you have been hurt. Browse through these questions about maritime injuries to get the answers you need.
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Will I Have to Go to Court for My Maritime Injury Lawsuit?
If you have suffered an injury and are considering filing legal action to get your due, you may be wondering whether you will have to go to court for your maritime lawsuit. Research by the American Bar Association (ABA) revealed that only a few lawsuits end up at trial. Personal injury claims, such as a maritime injury …
How Much does it Cost to Hire a Maritime Injury Lawyer?
How much it costs to hire a maritime injury lawyer will vary from one lawyer to another and one case to another. Maritime injury lawyers, much like other personal injury attorneys, typically work with a contingency fee agreement. This means that they recover their fee as a percentage of your final settlement. According to the American …
Can I File a Lawsuit If a Loved One Died Working Offshore?
If your loved one died working offshore, you can file a lawsuit. Under the Jones Act, some offshore workers’ family members can sue their deceased loved one’s employer for compensation for their death and related expenses. The Jones Act is a federal law that allows seamen and their families to pursue financial awards through personal …
What Kind of Lawyer Should I Hire For my Maritime Injury Lawsuit?
If you or a loved one got hurt in a maritime accident, you may be looking into what kind of lawyer you should hire for your maritime injury lawsuit. While maritime injury claims generally fall under personal injury law, you should look for an attorney who understands the intricacies of maritime law and has a …
Does Maritime Law Apply to Oil and Gas Workers?
If you experienced an injury on an oil or gas rig, or if a loved one died while working offshore, maritime law applies to oil and gas workers. However, there can be exceptions. Workers in the offshore oil and gas industry may not qualify for the same benefits as maritime workers do under the Jones …
What is General Maritime Law?
General maritime law is a type of federal common law that governs most accidents that happen at sea. It covers more injury victims than the Jones Act, which is limited to offshore and seamen who suffer injuries on eligible vessels. Maritime law can provide a broader basis for injury claims, including those arising from passenger …
What is Admiralty Law?
Admiralty law is a body of laws that govern matters related to shipping, vessels, and oceanic issues. It includes both U.S. and international laws. Also referred to as maritime law, admiralty law covers matters that happen out at sea as well as on certain lakes and rivers. If you were injured at sea and have …
What Laws Protect Maritime Workers?
The laws that protect maritime workers injured on the job include: The Maritime Marine Act of 1920, known as the Jones Act The Death on the High Seas Act (DOHSA) The doctrine of unseaworthiness Maintenance and cure As a whole, the body of law that makes up admiralty and maritime law is somewhat unique among …
What Are the Most Common Maritime Accidents?
The most common maritime accidents that cause injury, disability, and death in seamen and sailors are those that occur during everyday activities onboard the vessel. A study published by the journal Occupational and Environmental Medicine found that most maritime accidents happened while the victim was performing routine duties. The ways seamen can suffer injuries onboard …
How is Maritime Law Different from Personal Injury Law?
Maritime law is different from personal injury law because when a ship is on the sea, it is ruled by federal laws. Personal injury laws are typically decided by states, with a few exceptions. Personal Injury vs. Maritime Law In general, each state has rules for holding a person responsible if they cause an accident …
Most Common Offshore Injuries & How to Prove Liability
Many people with the most common maritime injuries suffer severe health problems for months or even years. These injuries include the following: Traumatic brain injuries (TBI) Broken bones Spinal cord injuries Amputation and disfiguration Burns, bruises, and cuts Neck and shoulder injuries Major Injuries Like a TBI Can Bring Big Medical Bills Traumatic brain injuries …
How Much Is My Offshore Injury Case Worth?
The value of an offshore injury case varies widely from one case to another. How much your offshore injury case is worth depends on various legal issues and your case’s facts. As a result, we cannot place a specific value on your claim until we analyze your case. You can consult with an injury lawyer …
Can I Get Fired for Working With an Attorney?
If you suffered injuries in a maritime accident, you cannot get fired for working with an attorney to seek financial compensation. Seamen and longshore and harbor workers have protections under the law that allow them to pursue compensation through legal action or the Longshore and Harbor Workers’ Compensation Act (LHWCA). You Have the Right to …
When Can I File an Unseaworthiness Claim?
You can file an unseaworthiness claim up to three years after you suffered an injury or illness while working aboard an ocean-going vessel with hazardous conditions, according to 46 U.S. Code §30106. Filing an unseaworthiness claim may allow you to secure a payout for the damages you suffered because of your injuries. If a vessel …
What Are the Common Examples of Employer Negligence That Can Lead to a Jones Act Claim?
The most common examples of employer negligence that can lead to a Jones Act claim include failure to: Keep up with vessel maintenance Provide proper equipment to workers Ensure that each employee receives proper training Identify unsafe areas Resolve hostile work situations Provide reasonable care for crew members Failing to fulfill each of these duties …
What Are Maintenance and Cure Benefits?
Maintenance and cure benefits are two types of compensation that an injured seaman can receive after being hurt on the job under the Merchant Marine Act of 1920, which is more commonly known as the Jones Act. This body of law was passed to protect maritime workers who are injured during the course and scope of …
Why the Jones Act Is Important?
The possibility of pursuing compensation for your maritime work injuries is why the Jones Act is important. Maritime careers are typically not afforded the same type of workers’ compensation afforded other careers. Statute 46 U.S. Code § 30104 protects your right to pursue compensation for your medical bills, lost wages, and pain and suffering. If you …
What Is Jones Act Coverage?
According to the Legal Information Institute, Jones Act coverage allows maritime workers to pursue compensation for on-the-job injuries. This coverage is an alternative to worker’s compensation, something typically not available to maritime workers. A serious injury aboard a maritime vessel can result in extensive pain and suffering, medical bills, and lost wages. Negligence can happen …
Who Needs Jones Act Coverage?
The Department of Labor says that the Longshore and Harbor Worker’s Compensation Act (LHWCA) does not cover seamen on ships, barges, fishing boats, dredges, barges, and other vessels on U.S. navigable waters. If you work in one of those categories and get hurt on the job, you will need Jones Act coverage to pursue compensation …
Who Is Covered Under the Jones Act?
The Office of Administrative Law Judges within the U.S. Department of Labor tried to answer the question of who is covered under the Jones Act? The resource explained that one must explore both the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA) to determine which program applies to a plaintiff. In general, …
What Is a Maritime Injury?
A maritime injury is a term for when a worker on a ship gets hurt while the vessel is on U.S. navigable water. Maritime workers do not qualify for traditional workers’ compensation coverage, but they do have legal remedies for their employment-related injuries. The worker can pursue compensation under maritime law or the Jones Act. …