EXPERIENCED HOUSTON MARITIME LAWYER
Accidents on the water can cause numerous negative consequences especially for employees and the surrounding. When these accidents result in injuries, illnesses or disability, victims can be legally entitled to certain forms of compensation according to U.S. laws governing maritime.
Common Cases and Causes of Injury
Although most businesses try to safeguard their employees and their assets However, accidents can still occur. In the area that is maritime law there exist a few types of maritime injuries that happen frequently. Damage to cargo that is not properly secured and blow-outs caused by mechanical problems or inadequate crew training are only the most common maritime accidents. In these instances, the workers could or might not be injured.
The most frequent causes of personal injuries to maritime workers are things such as slips and falls explosions, fires or being crushed or struck by heavy machinery such as capsizing/sinking. If an accident happens as an outcome of inadequate maintenance on the vessel, insufficient employee training or workplace hazards, it is possible to sustain accidents or deaths .
Maritime Injury Types
- Falling Overboard
- Slip and Fall Accidents
- Injuries in Enclosed Spaces
- Chemical burns (you will need a Houston legal counsel for maritime burn injuries)
- Repetitive Motion Injuries
- Fishing Injuries
- Docks and Piers
- Broken Bones and Extremities Injury
When Should I Hire a Maritime Lawyer?
There are maritime laws specifically that apply to those who are employed of a vessel operating in navigable waters. These laws cover the domestic (U.S.) as well as international laws covering various issues, including:
- Workplace Personal Injury Claims
- Maintenance and Cure Claims
- Seaman’s Wage Act Claims
- Salvage Operations
- Vessel Insurance
- Unseaworthiness Claims
- Shipping Brokerage
- Maritime/Vessel Liens
- Vessel Seizure
- Jones Act Claims
- Passenger Claims
- Cargo Claims
In contrast to the laws that are currently in use “on land,” many of the maritime laws contain additional protections, provisions, or other characteristics that differ depending on the specific areas of maritime law and the specific circumstances.
For example for instance, The Jones Act provides protections for workplace injuries like an accident on a drilling rig. Contrary to conventional personal injury laws lawsuits filed in the Jones Act are not based solely on the fault of the victim. The courts will hear cases even if an employee was partly responsible for the injuries they sustained.
Because maritime law is much more complicated, it’s always in your best interest to engage a maritime lawyer deal with legal issues pertaining to these kinds of laws, in addition to personal injury cases.
The Steps to Take if You Have Been Injured
If you’ve been injured during the operation of vessels There are actions you must take to safeguard the rights of your interests and property.
- Step 1. Inform the employer about the accident. Whatever the severity of the injury is, you must to notify your employer.
- Step 2. Create the accident form. Before you sign the report take the time to read and go over it to make sure it’s correct. If it’s not accurate then don’t sign it.
- Step 3: Seek medical treatment for your injuries. Your employer should permit you to seek medical treatment regardless of the severity of your injuries.
- 4. Find evidence. If you are able, take photographs of the area where the accident occurred, or let your coworker help you do this. It is also important to note all details and details of the incident in journals while they are still fresh in your memory.
- 5. Don’t sign and sign anything until you are aware of your rights. Employers may try to force you to sign papers or record recordings to persuade you to sign to a settlement or agree that you will not pursue additional compensation against them.
- Sixth Step: Discuss with your personal maritime lawyer. Your employer might claim that you don’t have to speak with an attorney. They might give you an impression that you can do everything by yourself.
Beware of false claims Your employer already has spoken to the medical professionals, insurance agents as well as lawyers, and been given instructions about how to settle your claim with the least amount of dollars.
The Process of Filing a Lawsuit
After consulting with a maritime attorney, should you have the basis to bring a suit for damages against the employer of your choice, there’ll be additional steps you must take. Your lawyer will request for various forms of documentation and proof
Conclusion
Maritime law, also known by the name of admiralty law is an array of rules that govern the legal proceedings and disputes that arise on navigable waterways. Navigable waters are defined as any open water used in commerce. If a maritime employee gets injured while working in navigable waters legal aspects of their accident will be dealt with in accordance with maritime law instead of under the standard federal or state law.