Accident and Injury Frequently Asked Questions
Many accident victims are overwhelmed by their injuries, and the thought of a legal case can seem daunting. At Hofmann & Schweitzer, our legal team understands these feelings, and we’ve compiled our thoughts on many common worries here to help you get started finding the answers you need to protect yourself and your family. If you’ve been hurt in a construction, maritime, or railroad accident, browse our FAQs today.
- Page 8
My husband didn’t die immediately after his commercial fishing injury. How does that affect my family’s rights?
Sometimes the head injury, spinal cord injury, or other injury suffered on a commercial fishing vessel seriously hurts a fisherman, but it doesn’t kill him right away. Instead, he may suffer for days, weeks, or even months before the injury becomes fatal.
This situation is often devastating for the surviving family members. You are not only mourning the loss of your loved one, but you also had to watch him suffer.
It Is Important to Know Your Rights
Even if your husband didn’t die immediately after the injuries he suffered while fishing for cod, shrimp, or other fish off the Atlantic Coast, your family may still be able to recover damages for his death. The law that applies to your family’s case will depend on a number of factors, including where your husband’s injury occurred.
However, the outcome may be the same. If you can prove that your husband died as a result of the injury that he suffered at sea then you may be able to recover damages for his death. These damages may be important to your family. The damages may help you maintain your standard of living by compensating you for the income your husband can no longer earn and by paying for his medical bills, funeral costs, and other damages.
To learn more about what you can do to protect your family’s future during this difficult time, please start an online chat with us today. We would be pleased to give you more information about your rights so that you can make an informed decision about the future.
Who Pays Medical Bills After Commercial Fishing Accident
I was hurt working on a lobster boat. How can I get my medical bills paid quickly?
The doctors providing your treatment are going to bill for their services. They understandably want to be paid for the medical care that they have provided you. They may be calling or writing you because you are the patient. However, if you were hurt working on a lobster boat in the North Atlantic then you might not be the one responsible for paying the bills.
Here’s What You Can Do
First, it is important to understand that the federal Jones Act may apply to your situation because you are a commercial lobsterman. That means, in part, that your employer is responsible for paying your medical costs, or “cure,” if you are hurt. You should forward any medical bills to your employer (while keeping copies for yourself).
If your employer fails to pay for the medical care that you received from a qualified doctor or is unwilling to pay your medical bills up until the time that you have reached the maximum medical cure, then it is important for you to consult with an experienced Jones Act lawyer as soon as possible.
How a Lawyer Can Help
Generally, a lawyer can make sure that your rights are protected and that you get the recovery you deserve. More specifically, some employers may take your claim more seriously if you have a lawyer representing you and may agree to pay your medical bills. If the employer is unwilling to pay, a lawyer can take legal action to get you the recovery you deserve.
For more information about protecting your potential recovery, please read our free publication, The Legal Rights Of Injured Seamen, Dockbuilders, Dredgemen And Other Commercial Mariners: Ten Important Questions Answered , and please follow us on Facebook to stay up to date on important news facing injured lobster fishermen and other seamen.
What Should I Do Right Now if I Was Hurt in the January 9 2013 Seastreak Ferry Accident
Your life has likely not gone exactly as you expected if you were hurt in the January 9, 2013 Seastreak Ferry accident at the Wall Street Pier in New York City. It can often be confusing and overwhelming to know what to do next if you have been hurt in such a crash.
How can you protect your future? How can you take care of your family? How will you recover? These may be just some of the questions going through your mind. You know that the actions that you take next are going to influence the answers to those questions, and you want the steps that you take to be the right ones.
Fortunately, you do not have to guess what steps you should take during this difficult time. You and your family do not need to bear the burden of going through your recovery alone. Instead, you can contact an experienced doctor and a New York maritime injury attorney for help.
Together, your doctor and New York maritime injury lawyer will work hard to advise you about what to do step by step. Your doctor, for example, will diagnosis your injury and come up with a treatment plan that will be carefully monitored and changed, as needed. Your New York maritime attorney will advise you of your legal rights, your options, your potential recovery, and the steps that you need to take to safeguard your potential recovery.
For more information about what to do if you were hurt in a Maritime Accident, please call our New York maritime injury lawyers today at 1-800-3-MAY-DAY or 1-800-362-9329.
Three Reasons Safety Equipment Can Fail on a Ship
How can I find out why the safety equipment failed on my ship?
As a seaman, you have the right to work on a reasonably safe vessel, and your maritime employer has a responsibly to keep the ship in a reasonably safe condition. That includes having properly maintained safety equipment on board the vessel every time you are out on New York Bay or the Atlantic Ocean.
If the safety equipment on your vessel failed and you were injured then you may have the right to recover damages pursuant to the Jones Act or another federal maritime law. Damages for your injuries may include compensation for maintenance and cure. In other words, you may be entitled to your living expenses while you are unable to work out on the Atlantic Ocean, and you may be able to have your medical expenses paid up until the time that you reach the maximum medical improvement or cure.
But Why Did the Equipment Fail?
As part of the investigation into your maritime accident, you and your lawyer may look at why the safety vest, life raft, or other piece of safety equipment failed. For example, you might consider whether:
- The equipment was appropriately inspected and maintained.
- There was a defect in the manufacturing of the equipment.
- You and other crewmembers received appropriate training about how to use the equipment.
You deserve to have the answers you need after a maritime injury. To learn more about how to get those answers, please read our FREE report, Are You a Seaman Injured in a Maritime Accident? Know Your Rights , and please contact us via this website.
Will I Work Again if I am Injured and Make a Claim Against My Maritime Employer?
Many maritime workers shy away from filing legitimate injury claims when they are hurt in maritime accidents because they are afraid that they will be blacklisted or blackballed in the industry. In other words, they are afraid that nobody will hire them again because they’ve filed a claim.
It is important to understand that not every maritime employer blacklists or blackballs maritime employees who make legitimate claims. It is often maritime workers who file frequent and frivolous lawsuits who are blacklisted.
However, if you have a legitimate claim, then you should not only file it with impunity, but you should file it with the expectation that you will recover the damages that you need and deserve.
For more information about your potential right to damages and how filing a claim may impact your ability to work in the maritime industry in the future, please contact a maritime injury lawyer at Hofmann & Schweitzer, 1-800-362-9329 or via our online contact form. Our maritime accident lawyers will give you an honest opinion about whether your maritime injury claim will hurt your chances of working again.
What Is Considered Pain and Suffering After a Maritime Accident?
Pain and suffering can be difficult to quantify or even to explain because it is so highly individualized. However, in order to recover financial damages for pain and suffering an injured maritime worker and his New York Jones Act attorney must explain pain and suffering in order to recover damages.
Generally, physical pain and emotional suffering are considered pain and suffering for maritime law purposes. Often, the testimony of a doctor is critical to a seaman’s recovery of damages. A doctor can testify as to the reasonably anticipated future impact of the injury for the worker and how painful the injury may be. Similarly, the worker and the worker’s family and friends may testify to the emotional suffering experienced by the worker and how the physical pain and limitations expected in the future may continue to contribute to that suffering.
Pain and suffering damages are important parts of your legal recovery after a maritime accident. Lawyers in New York can help you understand what is considered pain and suffering after your accident and can help you get the recovery you deserve.
For more information, please contact an experienced New York Jones Act lawyer today at 1-800-3-MAY-DAY (1-800-362-9329), and please read a complimentary copy of our publication: The Legal Rights of Injured Seamen and Other Commercial Mariners which is available for free on our website.
Do I Always Need a New Jersey Maritime Attorney if I'm Hurt in an Accident While Working at Sea?
Generally, it is a good idea to contact a New Jersey maritime lawyer if you are injured at sea. An experienced New Jersey Jones Act lawyer will review the facts of your case and help you understand whether you have the right to recover legal damages for your accident injuries. In other words, you have nothing to lose by contacting a New Jersey maritime attorney. If you do not have a case or the right to recover damages, then the lawyer will tell you so and you will be no worse off.
Of course, there are some situations when a call to a maritime accident lawyer may be unnecessary. For example, if you suffered a minor injury while at sea that you were able to treat in minutes and that did not require any medical treatment and that did not result in you losing time from work, then there is likely no reason to call a lawyer.
In other cases, however, when you did incur medical bills and when you did lose income due to your inability to work, your call to a New Jersey Jones Act attorney may be one of the most important calls that you will ever make.
To find out more, please call our New Jersey maritime accident law firm at 1-800-362-9329 and please read our report, The Legal Rights of Injured Seamen and other Commercial Mariners, which is available for FREE on our website.
My employer told me that he only has to pay me $8 per day while I am out of work. How can this be true?
What your employer is talking about is called maintenance. Maintenance is an amount of money sufficient to pay the reasonable cost of food and lodging while a seaman recovers from his illness or injuries. The courts have held that a seaman is entitled to his actual cost of living expenses not a arbitrary amount determined by your employer. However, if there is in place a collectively bargained-for rate of maintenance, as negotiated by the employer and the seafarer's labor union, the CBA rate will be enforced.
How Do You Get a Maritime Accident Report From a Difficult Employer?
It can be frustrating when an employer withholds important information from you after you’ve been injured at sea. You may be angry that your employer seems adversarial and unwilling to provide you the fair damages that the law allows you to recover for injuries sustained while working on your boat.
You Should be Concerned If Your Employer Won’t Let You See the Report
It could mean that your employer has something to hide. Maybe the report has a different version of the accident than the one you reported, or perhaps the report expresses doubt about the true extent of your injuries. If you do not know these things then you may later be blindsided by your employer during your attempt to recover fair damages.
Get Help Now
You shouldn’t have to deal with the stress of trying to track down a maritime accident report while you are recuperating at Ocean Medical Center or another New Jersey hospital. Instead, you have the right to contact an experienced maritime injury lawyer who can take over the fight for you. While you concentrate on your physical recovery, your lawyer can get a copy of the accident report and take the other steps necessary to protect your legal rights and possible recovery.
For more information about your rights and protecting your recovery, please read our FREE publication: Are You a Seaman Injured in a Maritime Accident? Know Your Rights. We also encourage you to watch our free videos to learn more.
If I Am Injured at Sea Am I Required to See a Company Doctor?
No, there is no provision of the Jones Law that requires an injured seaman to receive treatment from a company doctor. In fact, company doctors may have an interest in getting you back to work sooner than you ready. To that end, some company doctors may fail to order the necessary tests to determine the true extent of your injuries, or they may advise you that, despite your injuries, you are able to return to your job.
In order to avoid these potential problems, our New York and New Jersey maritime injury lawyers suggest that injured seamen obtain treatment from an independent doctor whom they trust. Your doctor should be appropriately qualified and fair in his or her assessment of your injuries.
If your employer attempts to require you to see a company doctor, or if you have any questions about your rights as an injured seaman, please contact the New Jersey and New York maritime accident attorneys at Hofmann & Schweitzer for more information.