Maritime law covers accidents that happen at sea in navigable waters. Working on a ship is dangerous, and maritime law ensures that industry employees and their families are protected when injuries occur. If you are a seaman or other employee who works in the shipping industry or at sea, and you sustained injuries in a work-related accident, call a Katy maritime injury lawyer for assistance. Maritime laws are complicated and employers might take advantage of a worker who does not have legal representation.
A local personal injury attorney with extensive experience in maritime law could inform you of your legal options and ensure you take the right steps to strengthen your claim.
Shipping is an essential engine of industry and maritime law protects workers who get injured while doing this critical work. Two federal laws govern the benefits available to workers in the industry—one covers workers who spend significant time at sea and the other protects land-based workers in the industry.
Congress enacted the Jones Act to protect seamen, who are men and women that spend at least 30 percent of their working time on a vessel afloat in navigable waters. Workers on a moored vessel are eligible for seaman’s benefits if the vessel is afloat.
The Jones Act provides injured seamen medical care and a portion of their wages while they cannot work due to a work-related accident. This benefit, called Maintenance and Care (M&C), is available from the date of injury. Reporting the injury to a supervisor as soon as it occurs is critical to preserve the seaman’s right to M&C from the date of injury.
A provision of the Jones Act at 46 United States Code § 30104 allows seamen to sue their employers if the employer’s negligence led to their injury. Circumstances that could be evidence of employer negligence include:
A maritime injury lawyer in Katy could investigate whether the employer failed to take reasonable measures to keep its workers safe onboard its vessels.
Many shipping company employees and shipyard workers do not qualify as seamen. Congress enacted another law, the Longshore and Harbor Workers Compensation Act (LHWCA), to compensate them when they suffer work-related injuries.
The LHWCA provides eligible workers two-thirds of their salary while they are off work due to a work-related injury. It also pays for all medically necessary medical treatment until the employee can return to work and reimburses expenses like mileage and parking if the worker must travel to receive treatment.
Workers must be engaged in maritime activities to be eligible for LHWCA benefits. The law covers longshoremen, shipbuilders, truckers engaged in transporting cargo on and off ships, and other workers whose duties involve supporting a maritime enterprise. An employee who questions whether the LHWCA might cover their injury should consult a Katy maritime accident attorney.
Working on an offshore oil rig is also an extremely dangerous job. These workers are almost always covered under one of the two federal acts. Mobile rig workers typically receive benefits under the Jones Act, while workers on rigs attached to the seafloor are often covered under the LHWCA.
Regardless of which act applies, the worker will be entitled to medical care for their injury and a portion of their wages while they are off work recovering from their injury. If an employer negligently fails to provide a safe working environment, the workers could sue the employer for damages.
Maritime law is a highly specific practice area and you need an experienced attorney to get the results you deserve. Without professional representation, you might not know how to hold your employer to its legal obligations.
A Katy maritime injury lawyer offers skilled representation to workers in the shipping and energy industries. Call today to get a dedicated legal professional fighting for you.
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