As the name implies a maritime injury refer to injuries that maritime workers might incur on the job. These can occur in a number circumstances in a commercial or a non-commercial situation and which determine whether victims need to get a maritime lawyer or a personal injury attorney.
There are basically two types of workers that work in the maritime industry namely those who work as seamen and everyone else who work on the water or near it. The type of compensation they can receive depends on which group the victims belong to. Regardless of which group they belong in, each can file a maritime lawsuit under the Jones Act.
What Is The Jones Act?
The Jones Act was introduced to protect the rights of workers that have a maritime injury and it includes the following important features:
- The law protects the rights of sailors and workers that suffer injuries while they are at sea, working on docked ship or on an off shore oil rig.
- The law protects victims injured on off shore oil rigs or land rigs near the sea.
- The victims have to provide proof that they were injured on the job i.e. either out at sea or at the company that hired them since they were responsible for their safety.
What can determine a maritime injury lawsuit?
There are a number of factors that come into play for a maritime accident victim who wants to file a lawsuit against their place of employ. They have to address a few questions first in order to determine which avenues they can explore when they are seeking compensation for their mental and physical ailments such as:
- Was the accident due to negligence by their employer?
- Is the vessel the victim was working on when he/she was injured seaworthy?
- Is the victim a seaman or was taking care of the duties of one?
Sometimes a seaman might be injured to a defective product on the vessel. In such cases the victim can ask for compensation and can also sue the manufacturer of the product which caused their injuries. This includes the subcontractor who hired them. Even though this process can be quite complex, a professional and experienced maritime attorney knows how to navigate through all of that red tape.
In other cases, some victim can be injured because the vessel they were working on was not safe to work on. In this case they can sue their employer for failing to provide them a safe environment to work in. Those who work onshore in a maritime profession can get compensation for their injuries from their company’s worker compensation policies whether they are able to prove negligence or not.
Maritime Injury? Call Attorney Javier Marcos
If you or someone you know sustained injuries working on a vessel out at sea or on a job belonging to the maritime industry then do not wait. Hire a maritime attorney by calling Javier Marcos and Associates. They will be your legal representatives and will ensure you file a successful wrongful death claim. Call them by dialing 713-999-4444 / 1(800) 444-8118.