Maritime workers typically fall into one of two categories: seamen or harbor workers. Depending on your status, different remedies are available.
If you are a seaman, under the Jones Act and the General Maritime Law, you can file a lawsuit to seek money damages from your employer for injuries suffered at work.
If you are not a seaman, you are likely covered under the Longshore and Harbor Workers Compensation Act. Such employees are nearly automatically entitled to four types of compensation:
Attorneys at Anderson Carey Williams & Neidzwski have decades of experience representing clients injured working aboard vessels on navigable waters. The attorneys at Anderson Carey Williams & Neidzwski are knowledgeable about the Jones Act and General Maritime Law (also known as Admiralty Law).
The attorneys represent clients throughout Oregon from their offices in Portland and throughout Washington from their offices in Seattle and Bellingham, Washington,
If you engaged in maritime employment and have been injured, contact an experienced damages attorney at 1 (800) 262-8529 today. The initial consultation is free.
In order to prove the essential elements of plaintiff’s claim, the burden is upon the plaintiff to establish by a preponderance of the evidence in the case the following facts:
Types of Damages:
Under the Jones Act and the Unseaworthiness Doctrine, the injured seaman may recover the following types of damages that resulted from the employer’s negligence:
Ultimately, the goal of a Jones Act Negligence claim is to make the employee whole for his or her losses, set forth above. This is accomplished with money damages. Injured seamen may never recover their full health; at least they may recover money.
A worker is covered by The Longshore and Harbor Workers Compensation Act if they were engaged in maritime employment and are injured at a place covered within the coverage of the act.
What is considered maritime employment?
What is considered a place covered under the LHWCA?
What if I am not a seaman?
If you are a maritime worker and not a seaman you are likely covered under the LHWCA. In addition to obtaining LHWCA compensation benefits from an employer, the injured harbor worker may have a negligence action pursuant to 33 U.S.C. § 905(b) against a vessel.
Vessel negligence occurs when the ship fails to exercise reasonable care under the circumstances, resulting in injuries to the worker. Additional damages are available in this situation.
Common types of maritime injuries include:
33 U.S.C. § 905(b)- View the Cornell Law’s website to see the laws governing negligence by a vessel.
Joint Transportation Committee Comparison- In 2010 the legislature directed the Joint Transportation Committee to conduct a comparison of medical, vocational and disability benefits in the state of Washington, for employees covered under the Jones Act and those covered Washington’s Industrial Insurance Act. Check out this report.
Maritime and Admiralty Law Recent Cases- This website variety of recent cases released in the last 12 months dealing with Maritime and Admiralty law, including those dealing with workplace injuries that are actionable under the Jones Act and General Maritime Law. Check them out to see cases potentially similar to yours.
Attorneys at Anderson Carey Williams & Neidzwski know it can be difficult dealing with these unexpected injuries and your health is a top concern for us. You may be eligible to file a claim against your employer to receive compensation for your damages.
The maritime lawyers at Anderson Carey Williams & Neidzwski litigate cases in in Oregon from their offices in Portland, and in Washington from their offices in Bellingham and Seattle. The firm represents injured mariners residing in all 50 states and beyond.
If you or a family member were injured at work, contact Anderson Carey Williams & Neidzwski at 1 (800) 262-8529 for a free case evaluation. Learning about your legal options is risk-free at Anderson Carey Williams & Neidzwski.
This article was last updated on Wednesday, February 22, 2016.