We understand that you have a lot of questions on what law applies to your case and if an attorney is really necessary. Below please find the questions we get the most from our clients.
Q: I have just suffered a maritime injury, what should I do?
A: If you just suffered an accident you should immediately take these steps:
- Report the accident to your supervisor and fill out an accident report. Make sure the report is complete and accurate before you sign it. The company will try to pressure you into agreeing that the accident wasn’t anyone’s fault but your own, so be careful. Make sure you get a copy of the report or take a picture of the report if they will not give you a copy of the report.
- Seek medical care immediately – don’t wait because you could compromise your case. Obtain copies of all your medial evaluation as well as names of the doctors you will see.
- Take pictures of the accident scene if at all possible. If you can’t take pictures, get somebody else to take them for you.
- DO NOT sign any documents unless you understand and agree with them. Ideally, show documents to an experienced maritime law attorney before you sign
- Keep thorough records of everything that happens. Keep copies of every form you submit or sign, keep a diary or log of everything that happens, and write down anything you are told.
Q: The company wants me to see their doctor but I don’t. Do I have to see the doctor they want?
A: NO! you are NOT required to see only company doctors. You should pick a doctor who you like, with whom you are comfortable, and who treats you fairly and appropriately. Some maritime workers are required to see certain medical groups pursuant to union agreements but there are many exceptions to even those requirements.
Unfortunately, some company-affiliated medical providers will try to force you back to work before you are ready, and will avoid performing tests that reveal the true extent of any possible injury.
Q: What is the Jones Act?
A: The Jones Act is a Federal law that covers maritime workers who are injured while working in the course of their employment. It allows the crew member of a vessel to sue his or her employer for damages if they are injured as a result of negligence of their employer.
Q: Are all maritime workers covered under the Jones Act?
A: No. To be covered under the Jones Act, a person must be a seaman.
Q: Am I considered a seaman?
A: Determining seaman status, when it comes to the Jones Act, has to do with three separate requirements.
1. There was a “relatively permanent connection to a vessel or identifiable group of vessels”;
2. “The vessels must be ‘in navigation’,” but it doesn’t mean the vessel has to be moving;
3.“The injured workers’ duties must contribute to the mission or function of the vessel.”
Q: What damages can be recovered in a Jones Act claim?
A:
- Past and future lost wages.
- Medical expenses.
- Past and future pain and suffering.
- Damages for disability and impairment.
- Damages for the loss of enjoyment of life.
Q: What are maintenance and cure benefits?
A: Maintenance and cure benefits are similar to workers compensation benefits for crew members. Maintenance is a daily rate that a crew member is entitled to while they are under the doctors care and have not reached maximum medical improvement.
Cure is the providing of medical treatment or benefits to the injured crew member.
Maintenance and cure is payable without regard to any negligence or fault on vessel owner as long as the injury occurred or a condition arose while the crew member was in the service of the vessel.
What is “maximum cure” or “maximum medical improvement”?
If you are a seaman who has been injured while working, your employer owes you “cure” – medical care – for injures that you suffered while in the service of the vessel. Your employer is required to pay for your cure until you reach “maximum cure”, also referred to as “maximum medical cure” or “maximum medical improvement”.
Once an injured worker reaches a point in his recovery after which he will not improve any further, or if he is permanently disabled and treatment will no longer improve his condition, then he has reached maximum medical improvement. At this time, maintenance and cure payments end. Even if an injured still needs medication or treatment to control pain, once his physical condition has reached its maximum medical improvement these benefits will cease.
Employers and injured seamen can disagree about when the point of maximum medical improvement is reached. Consult with your maritime law attorney to ensure you are receiving the cure that you are legally entitled to after an offshore injury.
Q: What is “maximum cure” or “maximum medical improvement”?
A: If you are a seaman who has been injured while working, your employer owes you “cure” – medical care – for injures that you suffered while in the service of the vessel. Your employer is required to pay for your cure until you reach “maximum cure”, also referred to as “maximum medical cure” or “maximum medical improvement”.
Once an injured worker reaches a point in his recovery after which he will not improve any further, or if he is permanently disabled and treatment will no longer improve his condition, then he has reached maximum medical improvement. At this time, maintenance and cure payments end. Even if an injured still needs medication or treatment to control pain, once his physical condition has reached its maximum medical improvement these benefits will cease.
Employers and injured seamen can disagree about when the point of maximum medical improvement is reached. Consult with your maritime law attorney to ensure you are receiving the cure that you are legally entitled to after an offshore injury.
Q: What is an unseaworthiness claim?
A: A claim based upon unseaworthiness should be brought when a person is injured due to an unsafe condition on the vessel. An unsafe condition may include unsafe operation of the vessel, inappropriate type of vessel for the work involved, defective or unsafe equipment, worn out equipment, improperly supplied vessel, improperly trained or inadequate crew, insufficient number of crew and unsafe condition anywhere on the vessel which leads to injury
Q: What If I am not a seaman as defined by the Jones Act?
Maritime workers that are not “seamen” are covered by the general maritime law. The general maritime law may sometimes overlap with Jones Act claims, but it also covers virtually every type of offshore and Long-shore worker who do not qualify as “seamen.” The general maritime law dates back to ancient times when protection of the maritime worker was a top priority. Under general maritime law, individuals are held to a standard of acting reasonably under the circumstances. As with the Jones Act, the general maritime law has unique rules and, if handled correctly, potential favorable awards to injured persons.
Q: How much time do I have to bring a claim against my employer?
A: In most cases Jones Act and Maritime Injury cases must be brought within three years. However, it is possible that the claim must be brought in as little as one year. Therefore, it is important to contact an experienced attorney as soon as possible.
Q: Because of my injury I can not work and my family and I are just getting by. How can I get my benefits as fast as possible?
A: We understand that you are not only undergoing physical pain but also a serious financial injury as well. The quickest way to achieve money damages is to hire an attorney immediately. Though we can not guarantee immediate benefits, if you hire us we will push your case as hard as we can to obtain the best result for you.
Q: How much is my case worth?
A: Every case is different. A lot of factors come into play when we take a case and every story is different. The best way to determine the potential value of your case is to consult with an experienced lawyer who will listen to the facts of your case and discuss with you the potential value of your case.
Q: Why hire a Maritime Lawyer?
A: Some employers will attempt to discourage you from obtaining information about your legal rights and will try to get you to file claims under workers’ compensation laws or longshore Harbor worker laws instead of the Jones Act, or simply offer you money regardless of the entity of your injury.
If an employer is unwilling to fairly compensate you, a lawsuit can be filed in federal district court or state court seeking damages. Most cases are settled prior to trial. Competent maritime lawyers can:
- Communicate with the employer and insurance company on your behalf;
- Make sure that your future medical bills are taken care of;
- Defend your rights
- Make sure you get adequate compensation.
Q: I am not sure I can afford an attorney. What can I do?
A: Not to worry. We get paid only if you get paid.
We work on contingency, that means if we win your case or obtain a settlement, you pay us a percentage of your settlement after costs are deducted and you keep the rest.
This encourages us to be a team and work hard for your case.
Contact us now for a free consultation.