Maritime Amputation Lawyer
Maritime amputation involves the traumatic loss of a limb or part of a limb because of accidents or hazards in maritime settings. An amputation injury drastically changes a victim’s life, leading to physical disability, chronic pain, and psychological challenges such as depression and anxiety. It often requires long-term medical treatment, rehabilitation, and adjustments in daily living.
The injury can significantly limit the victim’s ability to work, affecting their financial stability and overall well-being. For these reasons, amputation victims have the right to seek compensation. A maritime amputation lawyer can assist in this legal process, aiming to obtain maximum compensation and justice for the victim. Below, BoatLaw, LLP explains important information about maritime amputations, including their types and causes, legal options for victims, potential compensation, and the role a maritime amputation lawyer plays throughout this process.
Maritime Amputation Lawyer
Amputations are life-changing events. If you are the victim of an accident at work and undergo an amputation as a result then you can expect extensive physical, mental and emotional repercussions as a result. In addition, your employer may be less than willing to help you with your newfound disability. Amputations often lead to lost wages cases.
If you or a loved one have received an amputation as a result of an accident related to work on a ship or dockyard, then you may be eligible for compensation.
Call 1 (800) 262-8529 to schedule a confidential consultation. BoatLaw, LLP advocates on behalf of clients in Oregon, Washington, California and Alaska.
Information Center
- About Amputations
- Common Victims in Maritime Amputation Cases
- Where Maritime Amputations Happen
- Potential Legal Actions for Maritime Amputations
- Potential Damages in Maritime Amputation Cases
- Steps to Take After an Amputation
- Role of a Maritime Amputation Lawyer
- Additional Resources
- Hire a Maritime Amputation Lawyer
About Amputations
Amputation injuries often result in the loss of a limb or part of a limb, like fingers, toes, hands, feet, arms, or legs. Some injuries are complete amputations, where the limb is entirely severed, while others are partial, where some soft tissue connection remains. Crush injuries can also lead to amputations if the damaged tissue cannot be saved. In more severe cases, multiple limbs might be affected.
Maritime amputations are usually the result of accidents involving heavy machinery, slippery decks, and hazardous working conditions on ships, docks, or oil rigs. Common causes include getting limbs caught in machinery like winches, ropes, and fishing nets, or in doors and hatches. Slips and falls, especially in rough seas or harsh weather, can also lead to these injuries. Explosions and fires on vessels present another risk, as do accidents involving cranes or heavy cargo.
Common Victims in Maritime Amputation Cases
The most common victims of maritime amputations are workers who operate in high-risk environments. This group includes fishermen, deckhands, oil rig workers, and dockyard workers. These individuals often work with or around dangerous equipment and in challenging conditions, which increases their risk of serious injury. Additionally, seamen and officers who work on commercial vessels, as well as cruise ship employees, may also fall victim to injuries because of their work.
Where Maritime Amputations Happen
Maritime amputations occur primarily in areas with significant shipping, fishing, and maritime activities. In Washington, these injuries are common in busy ports like Seattle and Tacoma. California sees injuries in major shipping hubs like Los Angeles and San Francisco. Oregon’s coastal areas, particularly around Portland and Astoria, also report these incidents. Alaska, known for its fishing industry, has a higher occurrence in regions like Anchorage and the Aleutian Islands. The waters surrounding these states, especially those used for commercial fishing and shipping, are also common sites for maritime amputations.
Potential Legal Actions for Maritime Amputations
When a maritime amputation occurs, several parties could be held responsible. The employer is often the primary party considered liable, especially under the Jones Act. This federal law allows injured seamen to claim compensation if their injury was because of their employer’s negligence, like failure to maintain a safe working environment or provide adequate training and safety equipment.
Liability can also arise from claims of unseaworthiness. This refers to situations where the vessel itself was not fit for its intended use, which contributed to the injury. It’s not just about the physical condition of the ship, but also includes factors like inadequate crew training or insufficient safety measures. In cases of unseaworthiness, the victim or their family can file a claim against the ship owner. However, proving unseaworthiness doesn’t always require proving the owner’s direct negligence.
Equipment manufacturers are another group that could be liable. If the injury was caused by a piece of equipment that was poorly designed or had defects, the company that made it could be sued. This means if the equipment broke or didn’t work as it should have, causing the amputation, the manufacturer might have to pay damages. Lastly, other workers or third party contractors on the ship might share some of the blame. If their careless actions or mistakes led to the injury, they could be part of the lawsuit.
Potential Damages in Maritime Amputation Cases
The Jones Act allows injured seamen to seek compensation for pain and suffering, lost wages, and medical expenses because of employer negligence.
In cases of unseaworthiness, the ship owner might be required to compensate the victim for similar damages if the vessel’s condition contributed to the injury.
Maintenance and cure covers daily living expenses and medical treatment costs until the victim has recovered as much as possible.
The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides compensation to employees like dock workers and harbor workers who are injured while working on navigable waters of the United States. This law covers medical expenses, rehabilitation costs, and lost wages. Claims under LHWCA are typically processed through administrative procedures, rather than court trials.
In the tragic event of a death resulting from a maritime amputation, the Jones Act and other federal laws such as Death on the High Seas Act allows family members to file wrongful death claims. This can include compensation for lost financial support, funeral expenses, and the emotional suffering of the family.
With some claims, a victim’s partial fault can impact the amount of damages they receive. If the victim is found partly responsible for their injury, the total compensation amount may be reduced proportionally to their amount of fault.
The timeline to pursue legal action varies by the type of claim. Workers injured due to employer negligence under the Jones Act typically have a three-year statute of limitations for filing a claim. This is the same timeline for unseaworthiness and other general maritime claims. For those covered under the Longshore and Harbor Workers’ Compensation Act, the statute of limitations is one year for filing a compensation claim.
Steps to Take After an Amputation
Immediately after experiencing a maritime amputation, the victim should seek medical attention to address the injury. Reporting the injury to their employer or supervisor as soon as possible is important. Documenting the incident, including taking photos and noting details of the accident scene and potential witnesses, can be beneficial. It’s also good to keep all medical records and documentation related to the injury.
Role of a Maritime Amputation Lawyer
A maritime amputation lawyer can offer meaningful assistance to victims. They can clarify the laws, including the Jones Act and the Longshore and Harbor Workers’ Compensation Act. The lawyer can evaluate the victim’s case, determine the liable parties, and file claims for compensation. They lead the victim through the legal process, represent their interests in negotiations or court, and work to get the best possible outcome in terms of compensation for damages, including medical expenses, lost wages, and pain and suffering.
Additional Resources
This resource, authored by Yereth Rosen of the Alaska Beacon, concerns the significant hazards associated with winches on fishing vessels in Alaska. The article discusses a study by the Centers for Disease Control and Prevention (CDC) examining winch-related traumatic injuries in the Alaska fisheries over a 20-year period, identifying 125 serious injuries, including amputations and crushed bones.
National Limb Loss Resource Center
The National Limb Loss Resource Center, supported by the Amputee Coalition, provides information and resources for individuals experiencing limb loss, including amputation. This center tries to offer high-quality, evidence-based support and information, including a wide range of needs from healthcare to rehabilitation and psychological support. The resources available can be relevant for anyone who has experienced amputation, regardless of the cause, including maritime accidents.
OSHA Guide on Protecting Equipment and Protecting Employees from Amputations
This guide from OSHA highlights sixteen potential amputation risks, divided between eight mechanical movements and eight risky actions. It provides recommendations for employers to minimize these dangers. The guide is designed for individuals in charge of machine operation, maintenance, and safety, including employers, workers, safety experts, and industrial hygienists. Topics include risk assessment, machine protecting, the use of awareness devices, and procedures for controlling hazardous energy through lockout/tagout practices.
Hire a Maritime Amputation Lawyer
If you or a loved one have received an amputation as a result of an accident related to work on a ship or dockyard, then you may be eligible for compensation.
Call 1 (800) 262-8529 to schedule a confidential consultation. BoatLaw, LLP advocates on behalf of clients in Oregon, Washington, California and Alaska.
