Maritime workers face unique hazards every day, whether they work on commercial fishing vessels, cargo ships, oil rigs, or harbor docks. The risks of working at sea are far greater than most land-based jobs, with dangers such as rough seas, heavy machinery, and hazardous materials. When a maritime worker is injured, the laws governing their rights and ability to seek compensation are often complex and distinct from standard personal injury laws. If you’ve been injured while working offshore, it’s crucial to understand the legal protections available to you and how to pursue compensation for your injuries.
Common Causes of Maritime Injuries
The nature of maritime work exposes employees to a wide range of hazards. Some of the most common causes of maritime injuries include:
- Slip and Falls: Slippery decks, poorly maintained walkways, and uneven surfaces are common on ships and offshore platforms. These hazards can lead to slip-and-fall accidents, which can cause broken bones, head injuries, and back injuries.
- Heavy Machinery Accidents: Maritime workers often operate or work near heavy machinery, such as cranes, winches, and cargo equipment. If this machinery is not properly maintained or if workers are not adequately trained, it can lead to serious accidents resulting in crushing injuries, amputations, or fatalities.
- Fires and Explosions: Many maritime jobs involve working with flammable materials or in environments where the risk of fires and explosions is high. Injuries from fires and explosions can include severe burns, respiratory damage, and other life-threatening conditions.
- Falling Overboard: The risk of falling overboard is a constant concern for those who work on ships and offshore platforms. Workers who fall into the ocean can suffer from drowning, hypothermia, or injuries from impact.
- Exposure to Hazardous Chemicals: Maritime workers may be exposed to hazardous chemicals, especially on oil rigs or industrial vessels. Prolonged or intense exposure can result in respiratory problems, chemical burns, and long-term health issues.
Legal Protections for Injured Maritime Workers
Maritime law provides several different avenues for injured workers to seek compensation, depending on their role and the circumstances of the accident. Some of the key legal protections include:
- The Jones Act: Under the Jones Act, seamen who are injured while working on a vessel are entitled to sue their employer for damages if their injury was caused by the employer’s negligence. This can include failing to provide a safe working environment, inadequate training, or unsafe equipment. The Jones Act allows injured seamen to recover compensation for medical expenses, lost wages, pain and suffering, and other damages.
- Maintenance and Cure: Regardless of fault, injured seamen are entitled to maintenance and cure benefits. Maintenance provides a daily living allowance during recovery, while cure covers medical expenses until the seaman reaches maximum medical improvement. These benefits are critical for injured seamen who are unable to work while recovering from their injuries.
- Unseaworthiness Claims: Maritime law also requires that vessels be seaworthy, meaning that they are properly equipped, staffed, and maintained to ensure the safety of the crew. If a vessel is found to be unseaworthy and this condition leads to an injury, the injured worker may file an unseaworthiness claim against the vessel’s owner. These claims can provide additional compensation beyond maintenance and cure.
- Longshore and Harbor Workers’ Compensation Act (LHWCA): Not all maritime workers are classified as seamen under the Jones Act. Workers who perform maritime-related duties but are not seamen—such as longshoremen, dock workers, and harbor workers—are covered by the LHWCA. This act provides workers’ compensation-style benefits, including coverage for medical expenses, lost wages, and rehabilitation.
Proving Negligence in Maritime Injury Cases
If you are filing a claim under the Jones Act or pursuing an unseaworthiness claim, you will need to prove that negligence or unsafe conditions caused your injury. This can be challenging, as maritime cases often involve complex legal and technical issues, but a qualified maritime injury attorney can help gather the evidence needed to build a strong case.
Some key elements of proving negligence in a maritime injury case include:
- Unsafe Working Conditions: Evidence that the employer failed to provide a safe working environment, such as improper training, lack of safety equipment, or failure to maintain machinery, can be used to prove negligence.
- Lack of Proper Maintenance: If the injury was caused by faulty equipment or unsafe conditions on the vessel, maintenance records, safety inspections, and testimony from co-workers can help establish that the employer or vessel owner failed to keep the vessel in safe working condition.
- Witness Testimony: Statements from co-workers or other witnesses can be valuable in proving that the conditions leading to your injury were unsafe or that the employer’s actions contributed to the accident.
- Medical Documentation: Detailed medical records are essential for demonstrating the severity of your injuries and how they were caused by the unsafe working conditions.
Why You Need a Maritime Injury Attorney
Maritime injury cases are often more complex than standard personal injury cases due to the specialized laws that govern maritime workers’ rights. An experienced maritime injury attorney can help navigate these complex legal waters, ensuring that you receive the full compensation you deserve.
An attorney will:
- Investigate the Accident: Your attorney will gather evidence, interview witnesses, and work with experts to determine the cause of the accident and who is responsible for your injuries.
- File Claims Under the Appropriate Laws: Depending on your role and the circumstances of your accident, your attorney will determine whether to file a claim under the Jones Act, LHWCA, or other maritime laws to ensure that you receive the benefits you are entitled to.
- Negotiate with Employers and Insurance Companies: Employers and their insurers often try to minimize payouts by disputing the severity of your injuries or downplaying their responsibility. Your attorney will handle all negotiations to ensure that you receive fair compensation.
At Spagnoletti Law Firm, we help injured maritime workers recover compensation for their injuries and protect their rights under the complex framework of maritime law. If you’ve been injured while working at sea, contact us today for a free consultation. We’ll review your case, explain your legal options, and fight for the compensation you need to recover and move forward. Please contact us online or call 713-804-9306 or to learn more about your legal rights.