Maritime Injury Lawyers

Many law firms that handle or specialize in maritime injuries place advertising for their services on the World Wide Web. So many do so, in fact, that it can be difficult to select an appropriate lawyer to represent an injured seaman or other person covered by maritime law. Fortunately, some law firms tend to limit their services to a specific region of the country, thus shortening the list somewhat.

Before a claim can be filed, any injury should be reported immediately to the captain (if it occurs on board ship) and medical help should be sought promptly. If the seaman or other person is temporarily away from the vessel on ship business, medical care should be obtained and the injury reported as soon as possible. Differences exist regarding the limited time span within which various injury or death claims must be filed, so acting without delay is best.

Determining whether an injury victim has a maritime law case rather than a state workers' compensation case is not for the victim's employer or friends to decide. After any possibly maritime-related injury occurs, the employee should seek prompt legal counsel. If the injured person is unable to contact a lawyer, a relative or close friend should do so on his behalf.

If the injured party delays seeking legal advice from a maritime injury lawyer, a state-specific statute of limitations may cause loss of rights and benefits. (These limitations may change at any time, due to legislative activity.) Most initial legal consultations are provided at no charge, since meritorious cases are taken on a contingency basis.

Employees Who May Qualify

The following employees may be covered by maritime laws such as the Jones Act if they spend most (usually defined as "a substantial portion") of their working hours on board a ship: ferry boat, tug boat, river boat and barge workers, fishermen and fish processors, and cruise ship employees. Maritime transportation and construction workers are also covered. In addition, oil rig employees and commercial divers qualify for coverage.

Other maritime laws provide redress against an owner of a vessel that is deemed unseaworthy. If unsafe conditions existed before the vessel got underway or developed during the voyage, injured employees can file claim against the owner, as well as the employer. It does not matter if these are one and the same; however, there must be a Jones Act claim before an unseaworthiness claim can be filed. The Jones Act claim is filed against the employer, and the unseaworthiness claim is made against the owner.

Harbor and Longshore Workers

Maritime law also covers injuries occurring to longshoremen, and other workers who are not classified as seamen. Benefits to them are payable under the Longshore and Harbor Workers' Compensation Act. Much like standard Workmen's Compensation coverage, no requirement exists to find the employer at fault before medical, disability, and rehabilitation services begin.

If an employer chooses to dispute a claim, a conciliation procedure must be followed. If this fails, an Administrative Law Judge in the Department of Labor will preside over a hearing to decide the outcome of the claim. An employee may also file a claim of negligence against an owner, but not a claim of unseaworthiness. Some examples of the work and locations covered under the act include: a worker injured or developing disease while repairing or building a vessel or loading or unloading it. A worker injured on a wharf, dry dock, terminal or pier would also be covered.