I wasn’t engaged in work duties when I was hurt on my vessel. Does maritime law apply?

Large Ship and Workers at SeaIf you make your living on or near the water, there is a good chance that maritime laws will apply to your case. The high risk of injury on ships, fishing boats, floating platforms, and barges has led to a variety of federal statutes to provide accident coverage to victims, even if the workers were not “on the clock” when the injury occurred.

Maritime Laws That May Pay for Off-the-Clock Injuries

The Jones Act, The Longshore and Harbor Workers Compensation Act (LHWCA), and general maritime law all provide injury compensation and the right to file a lawsuit, so it may take an experienced maritime attorney to determine which one applies to your case. The details of your case also have a significant bearing on whether or not your injury qualifies for benefits, as well as the amount of payment you could collect.

For example, could you be owed compensation if you were:

  • On the ship, but off-duty? Probably. It’s difficult to ever really be off-duty at sea, since you are always on board the ship and therefore always at work. Under the Jones Act, any injury related to work or the work environment qualifies the victim for maintenance and cure benefits at the very least.
  • Hurt by a dangerous condition on the vessel? Possibly. Jones Act seamen have the right to file an unseaworthiness claim if they are injured due to unsafe conditions on the ship. Workers who are not considered seamen may still be able to file an injury claim for a shipowner’s negligence under general maritime law or the LHWCA.
  • Away from the vessel? Maybe. Both general maritime law and the Jones Act agree that a worker who is injured or becomes ill during the course and scope of employment shall qualify for compensation. If you were performing an action that directly benefitted your employer, you are likely to be owed compensation—even if you were on land, on a different vessel, or on the dock when the injury occurred.

If you are a maritime worker who is coping with the effects of an injury, our attorneys can determine who may be liable for your accident and what you are owed under the law. Call 1-800-3-MAY-DAY today to speak with a maritime lawyer at Hofmann & Schweitzer or download your complimentary copy of Are You a Seaman Injured in a Maritime Accident? Know Your Rights.

 

Paul T. Hofmann
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Focused on personal injury, with an emphasis on maritime, railroad and construction worker tort claims.