Whether you are a mariner who has been injured in a maritime accident, or a seaman who was injured while working on a ship, you may be able to recover compensation for your damages through an offshore injury attorney. These attorneys are skilled in all types of maritime injuries, and will help you get the compensation you deserve.
Jones Act
Whether you are an employer, employee, or third party, you are required by law to provide reasonable care and safety to your employees. If your employer fails to meet this duty, you may have a claim for compensation.
There are a number of ways to prove negligence in your Jones Act case. Your injury attorney will advise you of the best course of action for your situation.
The Jones Act has three compensatory provisions. First, the statute of proof, which merely means that you must show your employer was negligent in some way. You must prove that your employer's negligence was a proximate cause of your injury.
Second, you may be entitled to a claim for medical care, which includes emergency treatment, medication, and surgery. Third, you may be entitled to financial compensation, which includes pain and suffering, lost wages, and future medical expenses. In some cases, you may be entitled to punitive damages.
A good Jones Act injury attorney will be able to prove that your employer was negligent in some way. They will also help you determine the value of your claim. Depending on your situation, you may be entitled to a substantial amount of money.
The Jones Act also provides for a duty to provide you with a daily wage. This is referred to as the statutory responsibility, and it's a must.
Maritime injuries are often very serious. If you have been injured on the job, you may be entitled to substantial compensation. The Jones Act provides monetary compensation for both your past and future medical expenses.
If you've been injured at sea, it's a good idea to consult with an experienced Jones Act injury attorney. You should also consider your options for obtaining a settlement. It's important to get the most compensation possible, but you don't want to overpay for your legal services.
You may also be able to receive financial assistance, including lost wages, burial fees, special expenses for your dependents, and medical bills before and after your injury. If you have questions about your maritime claim, call Lassiter Law Firm for a free consultation.
Longshore and Harbor Workers' Compensation Act
Maritime workers, including harbor workers, longshoremen, and shipbuilders, are eligible to receive medical benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA). A claim must be filed within one year of an injury or a work-related disease to qualify for compensation.
The LHWCA provides medical care, compensation, and vocational rehabilitation services to employees who are injured or contract a work-related disease. Benefits are paid by authorized insurance carriers and self-insured employers.
The benefits may include medical expenses, lost wages, free job retraining, and travel expenses. The Office of Workers' Compensation Programs (OWCP) oversees the four federal workers' compensation statutes that are part of the LHWCA. The agency provides technical assistance to injured workers, reviews claims, and decides which benefits to pay.
The LHWCA also provides compensation to workers who have died from a work-related disease. The death benefit is equal to two-thirds of the Average Weekly Wage of the deceased employee. In addition, survivor benefits are paid to dependents of deceased employees.
The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal law that provides medical benefits and compensation to workers injured in maritime employment. This act also provides benefits to civilian employees on military bases. The act is administered by the Office of Workers' Compensation Programs (OWCP) under 33 U.S.C. 901 to 950.
The benefits provided under the LHWCA include medical care and compensation for lost wages. However, some employees do not qualify for protection under the LHWCA. Maritime workers may not qualify for LHWCA coverage if they work on non-navigable waters. However, they may qualify for protection under the Defense Base Act. In addition, non-maritime employees may qualify for coverage if their work on navigable waters is part of their job duties.
The Longshore and Harbor Workers' Compensation Act is administered by the Office of Workers' Compensation Programs under 33 U.S.C. 901 to 950. The act is part of the larger Longshore Program, which helps to reduce the impact of workplace injuries on workers.
While the LHWCA provides some benefits, it is not a complete solution for injured workers. Injured workers can also sue a third party for negligence.
Death on High Seas Act
Unlike other wrongful death claims, the Death on High Seas Act (DOHSA) is only applicable to people who have been injured or killed while on board a vessel. The act was originally designed to hold vessel owners and employers accountable for their safety measures. But it now also allows families of people who have died at sea to seek compensation for their loss.
A maritime injury attorney will have the knowledge and experience to help families recover compensation under the act. However, it takes time to investigate and prepare a claim.
Typical DOHSA claims include accidents related to ship capsizing, defective equipment, improper training of employees, and accidents caused by accidents on the vessel. These claims require a lawyer to challenge the ship owner's claims of blame, as well as the evidence to prove it.
If the victim's family members decide to pursue compensation under the Death on High Seas Act, they will need to do so within three years of the accident. If they do not, they will lose their rights to recover.
Death on High Seas Act lawsuits are filed in federal courts. This means that they will require expert testimony. Also, claims are typically short, depending on the circumstances surrounding the death. In addition, the time frame for a DOHSA claim can be reduced by a cruise ship passenger's ticket contract.
However, if the victim's family does not file a claim within three years, their rights to recover compensation will be lost. Despite the limited time frame, DOHSA can still provide relief to those who have lost a loved one at sea.
Family members may also have the right to recover for pecuniary losses. Pecuniary losses are financial damages, which may include loss of household services, predeath medical expenses, and loss of financial support. These damages are meant to replace the financial contribution of the deceased family member. They may also apply to pending lawsuits.
The Longshore and Harbor Workers' Compensation Act (LHWCA) provides compensation for injured workers. Those who work on shipyards, offshore oil rigs, and other high-risk jobs depend on their employers to make the workplace safe. It also provides coverage for medical care and vocational rehabilitation services.
Statutes of Limitations
Depending on your jurisdiction, a statute of limitations is a legal requirement that sets a limit on the time a legal claim can be filed in court. A statute of limitations prevents lawsuits from being filed too late and makes it more difficult to prove the facts of a case.
Generally speaking, statutes of limitations are designed to protect victims of civil wrongs. However, there are exceptions to the rules. The "discovery rule" is one of the exceptions, and it allows an injured party more time to file a claim. This rule applies to wrongful death claims, as well as to cases in which the victim did not know they were injured until after the statute of limitations had expired.
Statutes of limitations vary from state to state, and some states also have statutes that apply to both civil and criminal cases. Some states also remove limits on certain crimes, such as violent crimes, genocide, crimes against humanity, and crimes involving juveniles.
Generally speaking, personal injury lawsuits have a three-year statute of limitations. Depending on the state, the claim can also be filed within one year of the accident. It is important to keep this in mind when negotiating with an insurance company. It is also a good idea to seek legal advice before deciding to file a claim.
A statute of limitations is also commonly referred to as a "clock"; the clock starts running when a wrongful act occurs. This is because the defendant has the opportunity to raise the issue of a statute of limitations before the case is filed. This allows them to defend the lawsuit in an effective manner and gives the plaintiff more time to think about the claim.
The "discovery rule" is a narrowly tailored exception to the statute of limitations. Unlike other exceptions, it does not extend the statute of limitations indefinitely. It does not toll the statute if the defendant did not discover the injury until after the statute had expired.
Depending on the state, there are also other special rules that apply. For instance, claims against the state must be filed in the Court of Claims, while claims against the municipality must be filed within one year of an accident. Some states also allow for a "tolling agreement," which suspends the statute of limitations.