Hiring a Houston maritime lawyer can make all the difference in your recovery after an offshore injury. When you fight back against negligence on the part of your employer, you are holding them accountable and standing up for the rights of other maritime workers. By hiring a Houston maritime lawyer, you send a clear message to your employer that you are not about to go down without a fight. Read on to learn more about hiring a maritime lawyer. And remember that hiring a maritime lawyer is the best way to get the compensation you deserve.
Maritime workers have rights guaranteed by law
Maritime workers have many rights under the law, but their situation may not be the same as that of a land-based worker. For example, dock and harbor workers are not considered seamen, but they may have the same rights as the crew of a fishing vessel. Maritime workers are protected by ancient admiralty laws, but additional laws have been passed to help protect them. Maritime workers may be entitled to three different types of compensation, depending on the circumstances surrounding the accident.
In the event of an accident, a maritime worker may hold his or her employer strictly liable for the injury. In some cases, the employee only needs to show that the employer is to blame. Additionally, the worker may be eligible to receive medical care, as well as maintenance and cure damages. These damages are meant to cover medical costs and day-to-day living expenses. Maritime workers must act quickly if they sustain injuries while on the job.
In the nineteenth century, sailors and other maritime workers were treated horribly. They endured dangerous working conditions, inadequate living conditions, and were often swindled on shore. In addition, the ship regime was unlike any other form of private employment. Until the 1890s, captains ruled with an iron fist, including the right to order corporal punishment on sailors. Thankfully, the Seamen’s Act and the New Deal reforms in the 1930s gave seamen full legal rights and the freedom to organize unions.
Under the Longshore and Harbor Workers’ Compensation Act, injured maritime workers are entitled to workers’ compensation for work-related injuries. This law protects maritime workers in the United States and South Carolina, even if they are not part of the crew. In addition to the Longshore Act, the South Carolina Workers’ Compensation Act has concurrent jurisdiction over work-related injuries. In 1980, the Supreme Court ruled in Sun Ship, Inc. v. Commonwealth of Pennsylvania that maritime workers have rights under the law.
Whether a worker is a seaman or a land-based employee depends on the total circumstances of employment. This includes the length of time a worker is connected to a vessel and the nature of his or her activities. In the end, the question of whether a worker is a member of a vessel’s crew or an employee of a land-based company working on board is the ultimate inquiry.
Although the Jones Act provides protection for injured seamens, it does not provide a right to a jury trial. A seaman must prove negligence in order to obtain compensation under the Jones Act. But a seaman can still recover compensation for past and future lost wages, medical care, pain, suffering, and general damages. And even if the vessel owner or operator proves that the injured seaman was a contractor, they are still entitled to maintenance and cure, the age-old right of a seaman under General Maritime Law.
Maritime workers have recourse under the Jones Act
If you’ve been injured in a maritime accident, you may have recourse under the Jones Act. The Jones Act protects maritime workers from the negligence of shipowners. It aims to highlight the special risks that seamen face. But the Jones Act is not always clear. There are two kinds of maritime workers: those who are employed by the ship owner and those who are independent contractors. Even if you’re an independent contractor, you may have rights under the Act.
Essentially, all workers who work on a ship are employees. This includes all seamen, and also includes contractors, who may be hired by the owner of the ship. However, if you’re not a shipowner, you can’t be classified as a seaman under the Jones Act. You must work for an employer who employs you. Even if you’re working for a company that’s part-owned, you may still qualify for protection under the Act.
The Jones Act protects seamen by requiring shipowners and marine employers to pay compensation for work-related injuries. It also protects employees in the inland river industry and merchant marine on the seas. Maritime attorneys represent clients in many different industries, including oil and gas, barge operations, grain transfer platforms, and more. In general, any industry that involves working on navigable waters is protected by the Jones Act.
The Jones Act was signed by Woodrow Wilson in 1920 to protect workers in the merchant marine in the United States. It was designed to protect maritime workers and ensure the health and safety of all seafarers. By protecting these workers, the act allows them to sue their employers in federal court for injuries sustained in the course of their job. In many cases, a seafarer’s injury or illness will result in a large compensation award.
While the Jones Act provides legal protections for injured seamen, it does not cover joint ventures and unpaid crew. While the Act is meant to protect seafarers against foreign attack, the Act was expanded to include injured seamens. It also gives injured seamens the right to sue their employers for personal injury damages, which are separate from workers’ compensation. The Jones Act does not cover contract workers, however.
Generally, an injured seaman has three years from the date of the accident to file a lawsuit. There are exceptions to this rule, however. Some types of maritime accidents occur on government vessels. If you or a loved one has been injured in a maritime accident, it’s crucial that you take action as soon as possible. The statute of limitations for maritime accidents is usually three years. However, there are certain circumstances that reduce the three-year time frame to just a year.
Maritime workers have recourse under the Maintenance and Cure provisions
Maritime workers have several types of legal remedies, and one of these is the right to maintenance and cure. Maritime workers are entitled to maintenance benefits if they are injured while at work or suffer a disabling illness on the job. Under this provision, the employer must pay maintenance benefits for the injured worker until he or she is able to return to work or achieve a maximum medical improvement.
In the event that a maritime worker is injured on the job, the law provides a right to traditional remedies known as maintenance and cure. This type of compensation pays for day-to-day living expenses, including doctor visits, and can also cover medical expenses related to the injury. For those injured on the job, maintenance and cure may provide vital financial assistance. Additionally, claims filed under maintenance and cure do not require proof of fault on the part of the employer or the injured worker.
If the employer fails to pay maintenance and cure benefits when due, maritime workers have the right to seek legal representation to pursue a maintenance and cure claim. In addition to maintenance and cure benefits, workers have the right to receive punitive damages. Such damages are intended to punish the employer for the failure to pay maintenance benefits and to deter maritime employers from failing to do so in the future. In some cases, the punitive damages awarded by the court are higher than the original maintenance benefits.
The Jones Act covers most employees at sea under Title 46 of the U.S. Code. There are exceptions to the rule, including sailors employed on fixed platforms. Nonetheless, most employees working at sea are covered by the Act. In case of an injury, negligent employers must pay the injured maritime worker’s medical bills and living expenses. Some additional compensation may also be awarded for pain and suffering.
A maritime worker who is not covered by the Jones Act can file a compensation claim under the Longshore and Harbor Workers’ Compensation Act. This federal statute gives injured maritime workers legal protection and provides permanent partial disability benefits. In addition to these benefits, the Merchant Marines Act also provides maintenance and cure compensation to injured maritime workers. This payment covers the injured seaman’s cost of living once he or she is disembarked from the ship.
Maintenance is a daily living allowance provided to injured maritime workers until they recover from their injuries. Normally, the employer provides room and board to the seaman, but maintenance is intended to provide substitute housing for the seaman. The maintenance should cover the necessary expenses such as food, clothing, utilities, and housing. Although the definition of necessary expenses is narrow, there is no limit on how much an injured worker is entitled to receive.