Maritime Workers Compensation | Obryanlaw.net

 

It is a shipowner’s most solemn responsibility to exercise reasonable care aboard their vessel to prevent injury, illness, or damage. Any failure or breach of this duty that results in harm being done to their crew is considered to be negligence under maritime law. Whether through laziness, incompetence, or by cutting corners to make a quick profit, employer negligence can prove dangerous or fatal to employees. There is often no excuse for this negligence, and if it happens to you, Falling Overboard Lawyer– be sought after. Under the terms of the Jones Act, an injured seaman can bring up a claim of negligence against their employer (as opposed to the direct shipowner). Any act on behalf of the employer that contributes to the injury of an employee can be considered negligence under maritime law, and may be brought to court to seek compensation for medical bills and lost wages. 

If you have been injured on the job while working in the maritime industry, a tactic of some employers is to offer worker’s compensation, a form of regular payments made to an injured worker, to prevent a legal claim or any kind of court action for the injury. However, Best Offshore Injury Lawyer are covered by the Jones Act, to the exclusion of worker’s comp, which can prove to be more advantageous to the worker in many situations. The laws of the Jones Act preempt the no-fault Worker’s Compensation Act of any state, and can provide a greater right of recovery than the state’s compensation plan on its own. This allows for a greater rate of coverage than you would get from standard worker’s compensation, and can prove more helpful to you and your family after suffering an injury during maritime employment. The differences may not seem obvious at first, but the distinctions between compensation under the Jones Act and standard worker’s compensation can be crucial. 

Maintenance and cure is one of the most important aspects of general American maritime law. The term “maintenance and cure” refers to the financial support an injured worker can receive as compensation for an illness or injury under general maritime law. This differs from the Jones Act in several crucial ways. Primarily speaking, maintenance and cure is considered to be “Offshore Injury Lawyer” compensation, meaning that responsibility for the specific injury or illness is not placed on the shipowner – however, the financial burden for recovering from this illness or injury is still placed on the shipowner for the length of their recovery. While there are some limitations to where and how it can be used, maintenance and cure is a major cornerstone of maritime law, and can be life changing for injury victims under the right circumstances.