AMERICA'S BEST MARITIME INJURY LAWYERS

COMMON TYPES OF MARITIME ACCIDENTS

Workers can suffer injuries from all types of accidents in the maritime industry that can range from mild, to severe, to fatal. Particularly, commercial fishing jobs face a wide array of challenges that, if done incorrectly, can cause serious injury to themselves or others.

• Vessel disasters: These disasters refer to when a water vessel is in danger of sinking. Of course, this is one of the worst things that can occur out on open water and can certainly result in death for those involved.
• Slip and falls: Working around water makes for many slippery surfaces and if you are not equipped to walk on these, it is easy to slip and hurt yourself whether you are on a boat or on the dock.
• Vessel collisions: This could mean collisions between two boats or a collision between the boat and a harbor. These collisions can cause serious damage to both property and any passengers that are aboard. Collisions can sometimes even sink the vessel if it is bad enough.
• Mechanical failures: Oftentimes, especially for industrial ships, heavy machinery will need to be operated while on board. If these machines fail to do their task due to a mechanical issue, this can result in being stranded on the water or even create a fire on this ship.
• Overexposure to cold: Typically, it is a lot windier around bodies of water and the moisture in the air also makes for very chilly conditions during the winter. Maritime workers who are overexposed to these frigid conditions can develop hypothermia or worse.
• Drowning: Among the worst accidents that one could experience in the maritime industry is drowning or near-drowning. Of course, you could easily lose your life, but even if someone suffers a near-drowning experience they could have lifelong-lasting health issues to cope with.

This list of accidents is only a short one when it comes to maritime industry accidents. There are many other ways you can become injured and, if you believe it was due to another’s negligence, you should contact a lawyer as soon as possible to file a personal injury claim.

MARITIME LAW AND YOUR RIGHTS

There are some specifics to maritime law that are in place to help those who have suffered injuries in this industry. For example, if you are a Jones Act seaman, you’re entitled to what is known as cure and maintenance. This is a basic right to all seamen and allows you to ensure you can still be paid income if you suffered an injury on the job that prevents you from working.

If your injury was due to another party’s negligence, you have a legal right to file a claim to recover damages for this injury under the Jones Act. Some of the damages you can claim are:

• Medical expenses
• Lost earnings
• Pain and suffering

The amount of compensation you get for these expenses will depend on the severity of the injury and the amount of treatment that will be necessary to fully heal it. For some, they will not be able to return to work ever, but they will still receive a settlement for earnings they would have had if the injury had not occurred.

The other maritime workers who are not considered seamen will instead have similar protection under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

These workers who have suffered injuries in an accident also have a legal right to receive compensation for their medical expenses, lost income, and pain and suffering as well. However, seamen tend to have the much more dangerous job and the maritime workers covered in this act will have similar but not the same kind of protection like in the Jones Act.

Workers’ compensation can also play a factor in maritime industry accidents and, if your position offers workers’ compensation, you may be able to receive a settlement for your injuries without filing a lawsuit whatsoever.

However, you should still discuss what paths you can take with an attorney experienced with maritime accident cases. It is possible that workers’ compensation may not cover your expenses enough or not include compensation for noneconomic injuries like pain and suffering or mental damages.