Admiralty and Maritime Law
The Jones Act is a Federal law that allows anyone who is
employed aboard a vessel in navigation to obtain compensation
from his or her employer for on-the-job injuries. Under the
Jones Act, the maritime employer is required to provide the
worker with a reasonably safe place to work. This duty is
given an extremely broad definition and anyone who is injured
while working aboard any type of marine vessel, boat, freighter,
tug, barge, ferry or other floating work platform should have
their case reviewed to determine the full extent of their
legal remedies.
This is a doctrine in admiralty and maritime law that allows
anyone who is injured on a vessel in navigation as a result
of an unseaworthy condition, to collect compensation for his
or her injuries and damages. "Unseaworthiness" is
broadly defined and includes any unsafe condition or circumstances
that makes the vessel not reasonably fit for its intended
purposes. Anyone who believes that they were injured as a
result of an unseaworthy condition, should have their claim
reviewed to determine the full extent of their legal rights
and remedies.
"Maintenance and cure" is a doctrine under admiralty
and maritime law that allows a seaman or sailor who becomes
ill or is injured during a voyage, to obtain medical treatment
and to obtain reasonable reimbursement for weekly or monthly
living expenses. "Maintenance and cure" is available
to the injured sailor or seaman without regard to "fault"
or "negligence". Frequent disputes arise over the
entitlement to and the amount of "maintenance and cure"
that should be paid. Anyone who is injured or becomes ill
in a maritime setting should have their claim reviewed to
be sure of the full extent of their legal rights and remedies.
- Boating and Personal Water Craft Accidents
Any boating or personal water craft accident that occurs
upon the Great Lakes or the rivers and streams connecting
to them, falls within admiralty and maritime jurisdiction.
For all boating and personal water craft accidents that occur
on inland or "land-locked" lakes or ponds, general
negligence law applies. Because of the specific application
and benefits of admiralty and maritime law, it is recommended
that anyone involved in a boating and/or personal water craft
accident, have their case reviewed to determine the full extent
of their legal rights and remedies.
- Longshore and Harbor Workers Compensation Claims
Under the Federal Longshore and Harbor Workers Compensation
Act (LHWCA), anyone who works on a dock or other similar marine
structure is entitled to specific benefits that are typically
much more favorable and generous than worker's compensation
benefits. In order to qualify for LHWCA benefits, the worker
must qualify under the Federal Statute and specific forms
and paperwork must be completed. Any worker who believes that
their injury is covered by the LHWCA, should have their claim
reviewed to determine the full extent of their legal rights
and remedies.
Attorneys
George T. Fishback
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