Maritime Accident

  • A Lawyer Who’s Dedicated Legal Advocacy For Severely Injured Individuals

Maritime Accident Claims

Accidents are indeed fatal and torturous and can become even more dangerous when they happen on the water. When you are far away from any medical help, it is tough to bear the injuries. Keeping in mind the unique nature of maritime jobs, accidents on the high seas are catastrophic. But when an accident happens, son waters, maritime laws got you covered.

We need to understand here: maritime law only applies to a vessel’s workers. If the injury or accident happens to someone who is not employed by the defendant, or the passengers, guests, this law may or may not cover them. They may fall under the state’s persona injury claims. But at the Fina law office, we are available to understand your needs and act accordingly. We are the best option available in Downers Grove, IL, to claim maritime accidents. If you are a passenger on the vessel who faces injuries due to an accident, we will guide you about what to do.

Types Of Maritime Law In America

There are different forms of laws when it comes to maritime claims. Workers can see under which direction they can claim the damage. Such claims vary according to the nature of the accident, the circumstances, and the place.

Maintenance And Cure

This law covers the workers if they are injured during the work regardless of the time and place. The important thing is that the injury occurred while the worker was on duty. This law covers necessary expenses such as a medical bill, food, taxes, rent, mortgage, and utility expenses. Other costs, such as gas, cable fee, television, internet bills, and insurance, are not covered as they do not consider running a household. However, you are liable to get complete compensation regarding medical treatments, doctor’s fees, medicines, rehabilitation, and examinations. The cost required for traveling to see a doctor also falls under this law.

In case you are injured, you are liable for medical coverage under this law until you are fully recovering. If your doctor satisfies your condition, you are good to be back to work. But if you think you are not better, you are free to obtain a second and even third opinion to be sure because if you return to work, your other benefits will be gone too.

The Jones Act

Under the Jones Act, the workers have to prove that the injuries occurred due to the third person’s negligence while he was at work. The worker has to prove that their employer played an essential part in causing the accident. Other liabilities under the Jones Act are as under:

Failure To Ensure That All The Details Of The Vessel Are Working Fine

  • Leakage of gas or oil on the deck
  • Untrained employees
  • Abusing the employees
  • Unavailability of safety equipment and gear in case of emergencies
  • Tired employees due to work burden
  • Non-availability of warning signs to warn about the danger

Under the jones act, personal injury claims cover medical expenses, lost wages, pain, suffering, and loss of earning capacity. However, the amount paid depends upon the nature of injuries in each case. We recommend that you should never sign a document offered to you by your employer once you have gotten into an accident. Hire an experienced lawyer so that he can review the form and guide you accordingly. The time limit to file a claim under the Jones Act is three years from the time of the accident.

The Longshore And Harbor Workers’ Compensation Act (LHWCA)

The vessels of vessels are liable to compensate for their injuries under the Longshore and Harbor Workers’ Compensation Act. If you are injured while working on moving waters or around navigable waters, you are eligible for compensation under this act. This law covers all the vessel employees, such as shipbreakers, harbor workers, and ship mechanics.

The Basic Requirements For (LHWCA) Are:

  • Injured workers are liable to get 66 2/3 percent of their weekly wages until
    they recover.
  • They are eligible for compensation if they have lost a limb or organs due to
    an accident.
  • If an employee died during the work, his wife is eligible to get 50% of his wages (as per secretary of state’s national average)
  • A report requires to submit to the director office of the relevant district within ten days or ten dates after the injury happens.
  • Death On High Seas Act

Congress enacted this act in 1920. It applies to any accident that occurs more than three miles away from the United States of America’s shores and surroundings. If a worker dies during the work, and a wrongful act causes his death, his family members, such as spouse, child, parents, and other relatives can claim compensation.

The compensation is calculated based on the worker’s actual amount contributing to the family if he had not died. A spouse can also claim for the payment a worker would have provided. Any family member can avail compensation under this law until three years from the date of death.

Passenger Personal Injury

The maritime law also covers passengers who were on board at the time of the accident. They can file a claim against the shipowner if they believe that the accident happened due to negligence.

We can imagine the injuries after an accident. At Fina law office, we must safeguard your rights. We are willing to help to get what you deserve. We have expert lawyers who have complete knowledge of maritime law. We have many past cases which we have won successfully. We are always ready for our clients. We guarantee that you will find our lawyers the best. We do not charge any fee unless you get your compensation money. We are with you no matter what it takes.

Call Us Today For A Free Consultation. Our Lines Are Open 24/7 | Filling An Online Form Or Through Call (630)-960-4141.