Can I Sue for Maritime Injuries?

Maritime worker on a rope on ship. | Patrick Daniel Law
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Maritime accident injuries can be devastating. The suddenness and severity can leave you with physical, emotional, and financial challenges, and while the medical bills are mounting, you’re not sure when you’ll be able to get back to work.

Whether you are a maritime worker injured on the job or a passenger hurt while at sea, you may have the right to seek compensation for your losses. However, navigating the complexities of maritime law can be more difficult than navigating the high seas.

If you or someone you love has suffered maritime accident injuries, it’s important to consult a skilled lawyer to explore your options for pursuing the compensation you need and deserve. Depending on the details of your case, you may be entitled to file a work-related claim or even sue for your losses if negligence played a role.

At Patrick Daniel Law, we are Strategic. Meticulous. Merciless. while we fight for our clients’ rights. Call (713) 999-6666 today to schedule a FREE consultation with our maritime injury law firm.

What Are Maritime Accident Injuries?

Maritime injuries refer to any harm sustained while working on or traveling by water. This includes injuries suffered on ships, offshore platforms, docks, or any other navigable waters.

Common maritime injuries include:

These maritime injuries can be the result of a variety of incidents, such as collisions, falls, equipment malfunctions, or unsafe working conditions.

Maritime workers (e.g., seamen, offshore rig workers, dockworkers, etc.) are particularly at risk due to the hazardous nature of their jobs. However, passengers on recreational or commercial vessels can also suffer injuries, often due to negligence.

What Is the Law on Maritime Work Injuries?

Maritime work injuries are governed by a unique set of laws designed to protect the hardworking individuals who keep the maritime industry running. These laws aim to provide injured workers with fair compensation and recognize the high risks involved in their jobs.

Read More: Why Is Maritime Law So Important?

Notably, some of these laws also allow workers to sue their employers if negligence played a role in causing their injuries. This gives maritime workers more paths to justice and financial recovery than standard workers’ compensation laws typically allow.

What Is the Jones Act?

The Jones Act, also known as the Merchant Marine Act of 1920, is a federal law that protects “seamen” injured due to their employer’s negligence. Under the Jones Act, eligible workers can sue their employers for damages, including:

  • Medical expenses
  • Lost wages
  • Pain & suffering

To qualify as a “seaman” under the Jones Act, you must spend a significant amount of time working on a vessel in navigation. This means your duties must be primarily sea-based and connected to the vessel’s mission. Generally, this means workers who spend at least 30% of their time aboard a ship or fleet.

Seamen—unlike most other workers—aren’t covered by traditional workers’ compensation laws. Instead, they rely on the Jones Act and other maritime laws to seek compensation for maritime injuries.

To pursue a claim, you must demonstrate that your employer’s negligence contributed to your injuries, even minimally—a standard often referred to as the “featherweight” burden of proof. This helps injured seamen pursue the justice they deserve without having to prove a significant amount of fault.

What Is the Maritime Compensation Act?

The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides benefits to maritime workers who don’t qualify as “seamen” under the Jones Act. Covered employees include longshoremen, dockworkers, and shipbuilders who work on or near navigable waters but don’t spend most of their time at sea.

Unlike the Jones Act, the LHWCA doesn’t require proof of negligence. Injured workers are entitled to benefits, including:

  • Medical care
  • Disability compensation
  • Vocational rehabilitation

The LHWCA fills a gap for those who wouldn’t otherwise qualify for maritime injury compensation. It ensures that workers who sustain injuries on or near navigable waters have a safety net, even if their employer wasn’t at fault.

If you qualify for LHWCA benefits, you probably won’t be able to sue your employer directly, as the act provides exclusive remedies for workplace injuries. However, if your injury was caused by a third party—like a negligent contractor or faulty equipment—you may still be able to pursue additional claims to recover damages beyond what the LHWCA provides.

Are There Any Other Ways To Get Compensation for a Maritime Work Injury?

In addition to the Jones Act and the LHWCA, other legal avenues may provide compensation for maritime accident injuries, such as:

  • Maintenance & Cure: Maintenance and cure provides no-fault benefits for seamen with maritime accident injuries. It covers medical expenses (cure) and basic living costs (maintenance) during recovery. These apply whether the employer was negligent or not. However, these benefits are limited—covering only immediate needs, not long-term needs or pain and suffering.
  • Unseaworthiness Claims: Vessel owners are obligated to ensure their ships are seaworthy. If unsafe conditions lead to an injury, you may have cause to make a claim.
  • Third-Party Claims: If a third party’s negligence contributed to your maritime accident injury, you may be able to pursue a claim against them and your employer.

It is always a good idea to consult with a maritime injury law firm about the circumstances of your accident and injury. They can advise you on the types of compensation you may be eligible for and how to pursue it.

Read More: What Are Some Examples of Maritime Injury Law?

What Is the Maritime Law on Personal Injuries?

Maritime law governs injuries sustained on navigable waters, whether you’re a seaman, offshore worker, or passenger. For passengers, the law provides protections under general maritime principles and allows claims for injuries caused by negligence, unseaworthiness of the vessel, or intentional misconduct.

Passengers injured on commercial vessels, such as cruise ships, ferries, or charter boats may have grounds to sue if their injuries were caused by:

  • Unsafe conditions
  • Crew negligence
  • Improper maintenance
  • Lack of safety measures

These cases are generally pursued as negligence claims under maritime law. To seek compensation, you must demonstrate that the vessel owner, operator, or crew failed to exercise reasonable care, and it resulted in your injury.

Maritime accident injuries can be severe and life-changing. Consulting with a maritime injury law firm will always be in your best interest. They can inform you of your options and ensure you seek the maximum compensation available.

Read More: What Does Maritime Law Cover?

Do I Need To Hire a Maritime Injury Law Firm?

Maritime law isn’t simple or straightforward. If you’ve been injured at sea, working with a maritime injury law firm can mean the difference between feeling lost in legal intricacies and securing the compensation you need and deserve.

Maritime law is notoriously difficult to navigate without skilled legal guidance. An experienced maritime injury lawyer can take on the heavy lifting and handle negotiations while you focus on your health.

They’ll approach your claim with the strategic precision it deserves, making sure no stone is left unturned. Meanwhile, you’ll have peace of mind knowing you have a seasoned advocate fighting for your rights.

Read More: Does Maritime Law Apply to Your Case?

Contact Patrick Daniel Law Today

If you’re wondering, “Can I sue for maritime injuries?” the answer may depend on the circumstances of your accident. However, having legal representation will ensure that every option for compensation is explored.

Read More: What Does a Maritime Injury Lawyer Do?

Should you or a loved one suffer maritime accident injuries, you’ll need all the help you can get as you heal and try to get back to the life you had before. At Patrick Daniel Law, we are Strategic. Meticulous. Merciless. in our pursuit of justice for injured maritime workers and passengers.

Our team has the resources, experience, and determination to handle even the most complex cases and secure the compensation you need to move forward. Contact us today to set up a FREE consultation. We represent clients in Texas and throughout the United States.

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