Navigating through Maritime Injuries and Wrongful Death Cases
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Under The Jones Act, a federal law which regulates the United States shipping industry, the workers contemplated and protected under it are not just merely seamen or ship employees but also other occupations and places of work.
It is often said that the sea is a harsh mistress, but as an employer, the maritime environment is most likely just as tough and even dangerous.
In fact, according to the Bureau of Labor Statistics, the maritime occupation of being a fisherman is the most dangerous job in America. Statistics show that in 2998, fishermen had a fatality rate of 128.9 per 100,000 workers. Maritime workers run a high risk of getting involved in maritime injuries and wrongful death cases.
Under The Jones Act, a federal law which regulates the United States shipping industry, the workers contemplated and protected under it are not just merely seamen or ship employees but also other occupations and places of work.
The Jones Act covers the following employees and “maritime vessels”:
• Seamen
• Fishing boat crew
• Offshore oil rigs workers
• Passenger ship employees
• Barges, freighters, and container ship workers
Maritime working vessels are not exactly defined under the law but courts have interpreted the statute to include other floating or places of work capable of floating.
When any of the above-mentioned maritime workers are injured or killed during the course and scope of their employment, the Jones Act shall apply. This statute provides legal rights for the injured employees to receive “maintenance and cure benefits” aside from personal injury damages.
Maintenance benefits are like a weekly allowance for the worker’s supposed food and shelter expenses had he not been injured while “cure” stands for the medical expenses and treatment incurred by the employee as a result of the injury.
Further, if the injury was a result of negligence, damages are also warranted and shall be given in the form of lost wages, fringe benefits loss, medical expenses, rehabilitation and therapy costs, pain and suffering which may also include pain and suffering, disability, or hedonic damages as the case may be.
The injured maritime worker may file a claim for economic and non-economic damages against his employer if he can prove that the vessel was not seaworthy. It is the absolute duty of the owner of the vessel to ensure that it is fit for voyage, with a competent crew and that it is a safe place for an employee to live and work.
Take note however, that in case the injury becomes a wrongful death, the recourse of the maritime employee’s family is to file a claim under the Death on the High Seas Act. Also, if another party can be held as liable for the injuries of the seaman, such as a co-employee, a personal injury claim can also be pursued.
Navigating through the many laws applicable to maritime injuries and wrongful death cases can be complicated, so once you or your loved one were involved in a maritime accident, acquiring the services of a personal injury lawyer who is well-versed in admiralty laws is a must.
ABOUT THE AUTHOR: Mesriani Law Group
Mesriani Law Group is an LA-based law firm that specializes in personal injury, employment and labor, social security and disability, and business and corporate cases. Under the helm of its founder, Rodney Mesriani the firm has been successfully representing clients for more than 15 years now. As a full service law firm, Mesriani Law Group provides high-quality and efficient legal representation by combining its unique business structure with the application of high-tech, cutting edge technology.
Copyright Mesriani Law Group
More information about Mesriani Law Group
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
In fact, according to the Bureau of Labor Statistics, the maritime occupation of being a fisherman is the most dangerous job in America. Statistics show that in 2998, fishermen had a fatality rate of 128.9 per 100,000 workers. Maritime workers run a high risk of getting involved in maritime injuries and wrongful death cases.
Under The Jones Act, a federal law which regulates the United States shipping industry, the workers contemplated and protected under it are not just merely seamen or ship employees but also other occupations and places of work.
The Jones Act covers the following employees and “maritime vessels”:
• Seamen
• Fishing boat crew
• Offshore oil rigs workers
• Passenger ship employees
• Barges, freighters, and container ship workers
Maritime working vessels are not exactly defined under the law but courts have interpreted the statute to include other floating or places of work capable of floating.
When any of the above-mentioned maritime workers are injured or killed during the course and scope of their employment, the Jones Act shall apply. This statute provides legal rights for the injured employees to receive “maintenance and cure benefits” aside from personal injury damages.
Maintenance benefits are like a weekly allowance for the worker’s supposed food and shelter expenses had he not been injured while “cure” stands for the medical expenses and treatment incurred by the employee as a result of the injury.
Further, if the injury was a result of negligence, damages are also warranted and shall be given in the form of lost wages, fringe benefits loss, medical expenses, rehabilitation and therapy costs, pain and suffering which may also include pain and suffering, disability, or hedonic damages as the case may be.
The injured maritime worker may file a claim for economic and non-economic damages against his employer if he can prove that the vessel was not seaworthy. It is the absolute duty of the owner of the vessel to ensure that it is fit for voyage, with a competent crew and that it is a safe place for an employee to live and work.
Take note however, that in case the injury becomes a wrongful death, the recourse of the maritime employee’s family is to file a claim under the Death on the High Seas Act. Also, if another party can be held as liable for the injuries of the seaman, such as a co-employee, a personal injury claim can also be pursued.
Navigating through the many laws applicable to maritime injuries and wrongful death cases can be complicated, so once you or your loved one were involved in a maritime accident, acquiring the services of a personal injury lawyer who is well-versed in admiralty laws is a must.
ABOUT THE AUTHOR: Mesriani Law Group
Mesriani Law Group is an LA-based law firm that specializes in personal injury, employment and labor, social security and disability, and business and corporate cases. Under the helm of its founder, Rodney Mesriani the firm has been successfully representing clients for more than 15 years now. As a full service law firm, Mesriani Law Group provides high-quality and efficient legal representation by combining its unique business structure with the application of high-tech, cutting edge technology.
Copyright Mesriani Law Group
More information about Mesriani Law Group
View all articles published by Mesriani Law Group
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
