Throughout history, the perils of the sea have shadowed maritime ventures. Each sunrise for maritime workers brings a fresh dance with danger; every step on deck is a potential waltz with injury.
Fortunately, there are laws protecting maritime workers and passengers against injuries that officials and owners of the ship could have prevented.
Maritime law covers regulations and rules for shipping, cargo, passenger transportation, accidents, and injuries.
People who suffered injuries from a ship accident may be eligible for compensation.
However, you will need the help of a maritime accident lawyer to file a successful claim. Unlike traditional personal injury claims, maritime injuries are complex and challenging to prove. You will need a competent lawyer who is vast in maritime law to prove negligence and violation of standards required by the law.
Who is a maritime accident lawyer?
There are different fields of law. While most lawyers are trained with the basic knowledge of various fields of law, some will further specialize in specific legal fields or laws relating to an industry.
Maritime accident lawyers are legal experts who specialize in cases related to accidents that occur at sea or on navigable waterways. These lawyers thoroughly understand the unique laws and regulations that govern maritime activities, which are different from those that apply on land.
The most common maritime accidents
Job opportunities in the maritime industry can be adventurous and lucrative but come with a high risk of injury. The Centers for Disease Control and Prevention (CDC) estimates there are 400,000 workers employed in the U.S. maritime industry.
The National Institute for Occupational Safety and Health (NIOSH), however, noted that workers in the industry face a higher risk of fatality, injury, and illness than other American workers.
Maritime accidents can involve various factors, such as collisions, groundings, fires, explosions, and exposure to hazardous materials.
One of the most common maritime accidents is slip and fall. Surfaces on cruise ships, for instance, are more slippery than those at hotels and restaurants.
The slip and fall may also be caused by suntan lotion spills, water, or alcoholic beverages spilled by passengers.
Other common accidents include:
● Falls from an elevated height
● Falling overboard
● Ship sinkings and capsizings
● Repetitive motion injuries
● Overexertion injuries and strains
● Passenger disappearance
● Sexual assault & rape
● Task-related injuries, often caused by improper safety gear
What to do if you or your loved one is involved in a maritime accident
Maritime accidents differ, likewise, in the way lawyers handle them. For example, federal workers who suffered injury or death working on vessels may be eligible for compensation under the Longshore and Harbor Workers’ Compensation Act.
In such a case, your lawyer will focus more on showing the severity of the victim’s injuries to ensure maximum compensation instead of a lawsuit.
Meanwhile, cruise ship workers who suffered an injury may need to file a lawsuit under the Jones Act to prove the employer’s negligence and get their total compensation. This means you could claim:
● Lost earnings caused by the injury
● Medical expenses
● Compensation for pain and suffering caused by the injury
Whether you are a passenger, federal worker, or working for a private maritime company, the initial steps to take for filing a successful claim are the same:
Seek medical attention
Your health and safety is paramount. If you cannot reach 911 or any emergency number, get first aid until the vessel arrives at the port, after which you should visit the nearest hospital for proper treatment.
Notify your employer
There are stringent requirements for reporting maritime injury incidents. Federal workers are required to complete and submit Form LS-201 to their employer within 30 days after the accident.
The Jones Act requires you to notify your employer within seven days after the accident.
Gather evidence
To get full compensation for injury, gather evidence as much as possible to confirm negligence on the part of the employer.
The evidence should also include the severity of the injury and how much it affected you.
Potential evidence to collect include:
● Photographs of the accident scene, such as the slippery deck
● Statements from witnesses such as co-workers or passengers
● Medical records and bills
● Other invoices and bills incurred as a result of the injury
Speak to a reputable attorney
Maritime law is a complex body of law that draws from international treaties, federal statutes, and state laws.
While the law does not ban individuals from seeking compensation on their own, it is essential to note that your employer will have a lawyer representing them, and their job is to ensure they pay nothing or the least compensation.
Hiring a reputable attorney with impeccable records handling similar cases can help you get maximum compensation.
How to choose the best lawyer for your maritime injury case
The right lawyer for your maritime accident case must understand the maritime industry and the safety regulations for different vessels and activities.
Below are some tips on how to choose the best lawyer for your claim:
● Hire an attorney who specializes in maritime accident law
● Consider experience and track records
● Ensure the lawyer is easily accessible and can regularly communicate case progress
● Discuss the fee structure from the start: upfront or contingency?
● Only hire the lawyer you feel most comfortable working with, who has your best interest at heart.
Last Updated on by Icy Tales Team