Spanish Fort Maritime Injury
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Spanish Fort Maritime Injury Lawyer
Maritime workers, including seamen, longshoremen, and harbor workers play an important role in the nation’s economy. However, their work is inherently dangerous, putting them at risk of drowning, falls, hypothermia, and other serious injuries. Because of this, those who work in the maritime industry are protected by a specific set of laws and protocols. If you get injured while working offshore or aboard a vessel, you may be entitled to maintenance and cure.
The sooner you consult a Spanish Fort, AL maritime injury attorney, the sooner you can pursue the compensation you are owed. Contact Fuquay Law Firm at 251-473-4443 to schedule a consultation now.
Common Maritime Injuries
Working in a maritime setting comes with inherent risks, and as a result, there are many different injuries you may sustain while working in this field. At Fuquay Law Firm, we have extensive experience in all types of maritime injury claims. We understand the complexities of this area of law and know that a serious injury can affect you for the rest of your life. Some of the injury claims we handle include:
- Explosions and fires aboard a vessel
- Repetitive stress injuries
- Falling overboard
- Slips and falls on deck
- Getting trapped in enclosed spaces
- Exposure to chemicals
- Chemical burns
- Asphyxiation
- Fishing injuries
- Accidents that occur on docks and piers
- Injuries that cause chronic pain to the back, hips, and neck
- Drowning
Different Laws That May Apply to Spanish Fort, AL Maritime Injuries
While “maritime injury law” encompasses the range of injuries suffered by those working aboard or adjacent to any type of commercial vessel, different laws apply to specific locations, circumstances, and types of work.
Some of the most common maritime laws that may apply to your claim are explained in greater detail below:
- The Jones Act. One of the most widely known maritime laws is the Jones Act, which offers compensation to seamen who are injured as a result of someone else’s negligence. Typically, the employer is the party found liable for the seaman’s injuries. However, if you are familiar with personal injury law, note that it is much easier to prove a Jones Act claim than a standard personal injury claim. An injured maritime worker only has to prove that their employer played any small rolein causing the accident that caused their injuries. Employees with successful Jones Act claims can recover medical expenses, lost income, pain and suffering, disfigurement, disability, and other expenses.
- LHWCA, the Longshore and Harbor Workers’ Compensation Act. The LHWCA covers workers who sustain injuries while working on navigable waters or the areas adjacent to navigable waters. Adjacent areas include docks, piers, decks, and loading/unloading stations. This law offers compensation to those who work aboard vessels and those who work offshore, as long as they are adjacent to navigable waters. The statute of limitations for a LHWCA claim is one year. If your employer pays benefits and then stops, the statute of limitations doesn’t start until they stop paying. Those who qualify for compensation under the LHWCA can receive two-thirds of their weekly wages, compensation for disabilities, and compensation for loss of limbs. If a seaman dies, the widow receives half of their pay.
- DOHSA, the Death on High Seas Act. If a maritime worker dies while working more than three miles away from the United States shoreline, that claim will be filed under the Death on High Seas Act. Damages are paid out if the worker’s death occurred because of someone else’s neglect or wrongful act. Parties able to seek compensation include a representative of the decedent’s estate, their spouse, their child, or their other dependent relative. Compensation varies but is generally calculated by how much the person would have earned if they had not died.
- Maintenance and cure. Maintenance and cure is a general term used in maritime law. An injured vessel worker is entitled to maintenance and cure if their injury occurs while they are working, regardless of whether or not someone else was negligent. Maintenance refers to the worker’s daily expenses that must be paid while they are unable to work. This includes rent, utilities, groceries, and other unavoidable expenses. Luxury expenses, such as the Internet, cable TV, or vehicle expenses are not covered. Maintenance and cure also pays for your medical expenses associated with your injury.
Why You Need a Maritime Injury Lawyer
Maritime injuries are a multifaceted area of law. While some may look at maritime injuries as an extension of workers’ compensation claims, the fact is that workers’ comp and maritime law are entirely separate categories. Maritime workers are entitled to certain rights that others are not. In some situations, an injured maritime worker can seek additional compensation via a Jones Act claim if their employer was negligent—an option that is not available to those outside the maritime world, regardless of an employer’s or coworker’s negligence.
Furthermore, maritime workers are at greater risk of serious or fatal injuries than those who work in other industries. If a loved one is seriously injured or killed while working aboard a vessel, it is crucial that the family member works with an experienced Spanish Fort, AL maritime injury attorney. The statute of limitations varies across different maritime laws and waiting too long to start a claim could cause you to lose your right to any compensation.
There is a lot at stake when you are injured at work. Medical bills pile up quickly, as do other financial obligations when you are unable to work. By working with a trusted maritime injury law attorney, you can fight for what you deserve and provide for your family.
Explore Your Options with Fuquay Law Firm
If you’ve suffered injuries while working aboard or adjacent to a vessel, it’s time to talk to our team and find out what your legal options are. Set up a consultation now by getting in touch online or calling us at 251-219-0329.
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Client
After an accident at sea, in which we almost died, Richhard was able to get us physical and mental treatment, so badly needed. He also represented us and that led to a positive conclusion. Google Harry Harry Burgess World Fishing Magazine for the story of rescue and survival. I highly recommend Richard Fuquay. Honest, very ethical and knowledgeable.
Peer
Mr. Fuquay is unparalleled in the practice of labor and employment law and admiralty and maritime law. His ethical standards are above reproach. If any lawyer deserves an AV rating, it is Mr Fuquay.
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