What Compensation Can I Get After a Maritime Accident?

Working in a maritime situation is frequently more dangerous than working the equivalent job on land. This level of danger is one of the reasons why maritime law has more provisions for compensation after accidents. However, maritime law is also more complicated. That’s why if you have been injured in a maritime accident you need a skilled maritime accident attorney, like those on our team at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, in Houston, TX.

What Compensation Can I Get After a Maritime Accident?

Maritime law is also sometimes known as admiralty law, and it governs legal disputes and offenses occurring on navigable waters. Navigable waters are defined as those waters that are either subject to the ebbs and flow of the tide or that are capable of being used to transport interstate or foreign commerce. The parts of maritime law that govern compensation after injury are as follows:

Under General Maritime Law: Maintenance and Cure

Maintenance and cure is a fundamental concept in maritime law that applies to seamen. If you are injured during the course of your work, your employer must provide a daily stipend to cover your living expenses while you recover and payment for all medical treatment until you are returned to maximum possible health. This obligation exists regardless of fault, making it one of the most worker-friendly doctrines in any kind of law.

For Seamen: The Jones Act

The Jones Act, more officially known as the Merchant Marine Act of 1920, is a United States federal law that regulates maritime commerce and provides protections for seamen. These provisions were inspired by the protections offered to railway workers under the Federal Employers’ Liability Act (FELA), in recognition of the dangerous working conditions associated with both kinds of employment.

If you are a seaman injured during the course of your work, and the injury was caused by the negligence of the employer, a co-worker, or the vessel’s unseaworthiness (unsafe condition), you may be eligible to file a Jones Act claim. This claim can be filed alongside a claim for maintenance and cure.

What Is a Seaman?

To be eligible to file a Jones Act claim, you must qualify as a seaman. That means that you must spend a significant portion (usually defined as at least 30%) of your working time on a vessel or vessels in navigation. A vessel in navigation is defined as one that is operational, afloat, and capable of moving.

What Compensation Is Available?

A Jones Act claim should mean that you can recover all reasonable and necessary medical costs. You will also be covered for all wages lost as a result of being unable to work while you are recovering, and, if necessary, for future loss of earning capacity. The Jones Act goes farther than typical workers’ compensation legislation in offering provision for compensation for pain and suffering; the physical and emotional distress caused by the injury.

For Those On Shore: The Longshore and Harbor Workers’ Compensation Act (LHWCA)

The LHWCA is a federal law that provides workers’ compensation benefits to a number of maritime workers who are not covered by the Jones Act, such as longshoremen, harbor workers, ship builders, stevedores, and other individuals engaged in maritime activities but not qualifying as seamen. The LHWCA is a statutory scheme designed to replace traditional tort remedies, so it provides workers’ compensation benefits rather than injury victims having to sue their employers.

What Compensation Is Available?

Under the provisions of this act, you are entitled to receive full coverage for all reasonable and necessary medical treatment related to the injury, including physical therapy and other rehabilitation. You are also entitled to choose your healthcare provider, and employers are obligated to pay for the treatment.

You will receive a partial wage-replacement while you are injured and unable to work, usually around two-thirds of your average weekly wage. If you suffer permanent disability, you will be entitled to an ongoing stipend as compensation for that disability.

If you are unable to return to your previous employment after the injury, you are entitled to vocational rehabilitation services, which are designed to help you transition into a new role or occupation that accommodates your medical limitations. The aim is that you be restored, as closely as is possible, to your original earning capacity. If re-training is necessary, those expenses should also be covered.

For Offshore Workers: The Outer Continental Shelf Lands Act (OCSLA)

If you were working on the continental shelf (such as in the Gulf of Mexico), you may be protected by the OCSLA. This is a federal law that establishes the U.S. government’s jurisdiction over underwater lands.

What Compensation Is Available?

The OCSLA has the same provisions as the LHWCA and works in the same way. If you suffer an injury due to employer negligence, unsafe conditions, or the actions of a co-worker, you are entitled to the cost of any and all medical treatment necessary to return you to the best health possible.

You have the right to compensation for any disability resulting from the injury, whether that is temporary or permanent. You may also qualify for vocational rehabilitation services such as job counseling, retraining, and assistance in finding alternative employment if your former work is no longer suitable for you.

Wrongful Death

All the acts above provide compensation for the wrongful death of a spouse or parent. In addition, the Death on the High Seas Act (DOSA) applies to deaths that take place more than three nautical miles from shore and provides similar compensation.

How Do I File a Claim?

If you want to file an LHWCA or OCSLA claim, this should be done directly with the U.S. Department of Labor. However, if you wish to file a Jones Act claim, this can be done with either a state or federal court, depending on your preference.

Consult a Maritime Accident Attorney

As you can see, the law relating to maritime accidents is much more complicated than basic workers’ comp or personal injury claims. It is no joke to say that having the right legal mind on your case can make all the difference.

For example, when it comes to a Jones Act claim, you have a number of choices to make. You can choose to file your claim in state or federal court. You also have the option to request a jury trial of your case. Though you may not see how these choices will make a difference in your case, we do. We can assess the complexity of your case (for example, whether it contains multiple claims), and along with our knowledge of the anticipated timelines for resolving cases in the various jurisdictions, can advise you on how best to proceed.

Don’t let the aftermath of a maritime accident leave you all at sea. With the right attorney, you can get the compensation you deserve. Get in touch with our team at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, in Houston, TX, to find out more and book an initial consultation. We pride ourselves on our zealous pursuit of justice for our clients and on our track record of success in doing so.