Working on a vessel or on a rig offshore can be very exciting. It can also be very dangerous. Along with all the common types of injuries that may occur at work, you must add the additional danger of the water to the mix. Maritime workers, however, are protected under special federal laws that apply specifically to their industry and their type of risks.
Regular workers compensation benefits apply to anyone who is injured while they are in-dock. An injury that occurs while loading the ship, for instance, would be covered under this type of policy. However, when a worker is injured at sea, specific maritime laws apply.
• The Jones Act. The Jones Act specifically covers workers for illness or injury while on a vessel and that vessel is deemed unseaworthy or a negligent act has been committed. The vessel must be in navigable waters at the time of the event. All expenses are covered under this act like regular workers compensation. If you have been injured while on a vessel and are unsure if it could fall under the Jones Act, contact an admiralty maritime lawyer to discuss your options.
• Longshore and Harbor Workers Act. This act provides compensation benefits to maritime employees without having to prove that the employer is at fault. Injury must occur while out over navigable water.
• General Maritime Law. Maritime law states, “a vessel owner must cover an injured seaman’s medical treatment until maximum medical recovery is reached. The owner must also cover the seaman’s basic living expenses until completion of the ship’s voyage, even though the seaman is no longer aboard the ship when it reaches port.”
• Death on the High Seas Act. Under federal law, families that have lost a loved one who is working offshore are entitled to receive specific death benefits. This Act only covers the sea to three miles off any state shore and 12 nautical miles for aviation accidents. The Act will pay the immediate family for monetary losses due to the lost wages of their family member. It does not pay any other type of benefit.
Staying Safe While You Are Out To Sea
• Obey all safety rules of the company or ship you are serving on. Safety should always be your top priority.
• Report problems. If you see a safety problem aboard your vessel, report it immediately. Correcting the problem before it injures someone is always the best choice.
• Use safety equipment. Protective eye, hand and foot gear can go a long ways in protecting your from a serious injury.
If you have been injured while serving aboard a vessel, or working on an offshore rig, you have specific rights under maritime law to seek compensation for your injuries. Since these are very specific laws, you may wish to seek the services of a maritime injury attorney. This type of attorney will have the knowledge and experience to help you process your claim for compensation. Other attorneys may not understand maritime laws and the federal acts that protect offshore workers.
With a nephew who recently left the military, writer Melanie Fleury knows how stressful having a loved one out to sea can be. Hopefully, this article helps to alleviate some of the fears about having a loved one out of reach. The offices of Doyle Raizner, an admiralty maritime lawyer, can help to navigate the very confusing business of maritime law.
Photo Credit: http://www.flickr.com/photos/40132991@N07/4420332059/
