If you are a seaman who was injured on a vessel, you might have an injury claim under federal law. The Jones Act gives seamen, or their personal representatives, a cause of action against their employers for injuries sustained in the course of their employment.
It is important to note that an injured individual must qualify as a “seaman,” for the purposes of recovery under this Act. A Port of Charleston maritime and admiralty injury lawyer can help you determine whether you qualify. A skilled injury attorney can guide you through the process to help you get the compensation you deserve.
Avenues for Recovery for Port of Charleston Maritime Workers
The Jones Act and the Longshore and Harbor Workers’ Compensation Act collectively provide remedies for maritime workers who have been injured. Instead of filing a claim under workers’ compensation, injured maritime workers use these acts to recover the compensation they are entitled to. A maritime injury lawyer in the Port of Charleston can assist in determining which federal statute, if any, applies to an injured maritime worker’s claim.
The Jones Act
Working on vessels can be extremely dangerous, making serious injuries unfortunately common. The Jones Act provides a means for redress in the event of a maritime injury during the course of employment. Under 46 U.S.C. § 30104, injured seamen are granted the right to pursue an injury claim against their employer, based on their employer’s negligence.
However, it is important to note that the employee must be considered a seaman and their injury must have occurred during the course of employment. The former requirement may be satisfied by showing that the nature of the employee’s work qualified them as a seaman. For the purposes of the Jones Act, a seaman must regularly contribute as a member of the vessel, they cannot be an employee who only periodically or sporadically works on the ship. The latter requirement may be determined by the nature of the employee’s work and the duties expected of them.
The Longshore and Harbor Workers’ Compensation Act
Maritime employees who cannot benefit from the Jones Act may be able to receive compensation based on another federal law. The Longshore and Harbor Workers’ Compensation Act grants an avenue for compensation to maritime workers whose employment is related to the sea but is primarily land-based.
Typical Types of Maritime Injuries
Although maritime injuries may vary, common injuries sustained by employees include:
- Falling overboard
- Slip and falls
- Chemical burns
- Repetitive use injuries
- Crush injuries
There may be a legal remedy available to a maritime worker who sustains one of these injuries. A Port of Charleston admiralty injury attorney can help select the appropriate means of recovery.
Speak with a Port of Charleston Maritime Injury Attorney Today
If you are injured while working on or around navigable waters, you may be able to get fair compensation for your injuries. Maritime injuries present a unique twist to the typical process of recovery for personal injuries but an experienced attorney can help. Speak with a Port of Charleston maritime injury lawyer as soon as possible to learn more.