Law & Legal & Attorney Accidents & personal injury Law

Murky Gray Area: Are Maritime Workers Always Protected?

Laws that Protect Sea Workers There are various laws that protect individuals who work in the shipping, commercial fishing, cruise liner and other seafaring industries.
The most basic protection is known as "maintenance and cure.
" This is essentially like worker's compensation benefits, but in reality, it often provides far less than typical worker's comp claims.
"Cure" simply refers to providing medical care for a seaman who was injured on the job.
This is much like worker's comp claims in the fact that medical care will be provided until the injured worker has recovered.
"Maintenance," however, is simply a small payment that's meant to reimburse an individual for the housing, food and other benefits they receive from being on a ship for long periods of time.
This form of compensation is disappointing at best.
Obviously, for the workers killed and injured due to big oil spills, this form of compensation wouldn't cover much.
Luckily, there are further legal protections.
Benefits outside of Maintenance and Cure Maintenance and cure benefits are meant to provide for a sea worker regardless of who was at fault for his injury.
This helps prevent litigation.
When gross negligence leads to an accident, however, the Jones Act will protect seamen injured in the line of duty.
This law allows individuals to bring forward lawsuits against their employer, the ship owner and anyone else who could be held accountable for a serious accident.
This law is meant to ensure that negligent individuals in charge don't cut corners when it comes to safety.
Unfortunately, a person must spend 30 percent of their time living and working on a vessel to be eligible for this type of recovery.
This can make it difficult for dock workers and others who work in the industry- but not on a ship- to recover compensation.
Luckily, the Longshore and Harbor Workers Compensation Act works in much the same way as the Jones Act, but it protects those who are in sea-related industries but not employed on a ship.
Regardless of which category a person falls under, a maritime lawyer can assist in answering questions and bringing forward appropriate grievances after a worker suffers an injury.
After an Injury In big oil spills, there's no doubt that injured workers were taken for medical care as soon as was possible.
After these incidents, it's obvious that everyone knew something had gone wrong.
In less disastrous accidents, however, it's important for an injured worker to alert their captain or a supervisor of the incident.
This will ensure that documentation exists related to the accident.
It's also important to seek medical care.
Though many seamen put on a tough face, an untreated injury can eventually lead to a permanent disability.
After seeing a doctor, though, contacting an admiralty lawyer is essential.
Though maritime workers do have protections under the law, employers and insurers will undoubtedly try to avoid paying out a fair compensatory package.
Luckily, they're less likely to attempt this if they know a worker has a legal professional on their side.
Certain maritime injuries constitute some of the most dangerous jobs in America, but that doesn't scare away those who have a love for the sea.
While these men and women knowingly take on dangerous jobs, it doesn't mean that others can act negligently and increase the level of danger to unnecessary levels.
When this type of neglectful behavior leads to an accident those injured or surviving loved ones can collect compensation to help heal the wounds and cover the costs related to the incident.
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