Maritime workers face particularly high risks of on-the-job injuries, due to both the dangerous nature of their jobs and the distance from medical care in the event of an injury. Special legal remedies have therefore been put in place to ensure that seamen get the restitution and treatment they require. Maritime injury lawyers at Moore Law Firm are well versed in these cases and will make sure you receive the compensation you deserve.
Jones Act Maritime Attorneys
The Jones Act permits injured seamen to seek compensation for injuries resulting from the negligence of their employers or co-workers during the course of their employment on a vessel. Only a small amount of negligence is required for compensation, especially when there are hazardous conditions on the boat.
An injured seaman may also make a claim against the vessel’s owner on the basis of the vessel not being seaworthy. The term seaworthy means that a vessel cannot merely be a vessel that won’t sink, but one fit for its intended purposes, with a competent crew, appropriate safety equipment, and first aid equipment.
Maintenance and Cure
When a seaman is injured on a vessel, even if he or she is at fault, he has a legal right to maintenance and cure. These benefits are similar to workers’ compensation laws in that the party is entitled to wages and medical treatment. The wages paid to the worker, also known as Maintenance, is typically around $30-$40 a day. This is used to compensate the injured seaman while he is not working. Cure requires the employer to provide the injured seaman with appropriate medical care which can include hospitals, plastic surgeons, physical therapist, orthopedics, psychiatrists, psychologists, medical expenses, prescriptions, etc. This Cure requirement must continue until the injured seaman has reached maximum medical improvement. An injured seaman has an absolute right to maintenance and cure, apart from any Jones Act claim. If a seaman has a valid Jones Act claim, he may be able to recover a very substantial award of damages in addition to obtaining full benefits of maintenance and cure. Maritime workers who are not seamen may be eligible for compensation under The Longshore and Harbor Worker’s Compensation Act.
These cases are extremely time-sensitive, so it is critical that you hire an experienced maritime attorney as soon as the accident occurs. Missing deadlines can significantly reduce the value of your claim. Contact Moore Law Firm today!