From ships to ferries, maritime injuries need legal action

Thousands of Americans are injured each year in maritime accidents. These can occur on cruise ships, barge tugs, diving ships, cargo ships, tankers, fishing boats and drill vessels. They also can happen on board tugboats, riverboats and ferries. Essentially, any floating boat or ship is a potential site for a maritime injury.

When a seaman is injured on the job and on the water, that person often is covered by the Workers Compensation Act -- but not always. In some cases, the Jones Act or other maritime law must be applied in order that the seaman can be protected and gain fair and just financial compensation for an injury suffered on the job.


If you or a family member has been injured in a maritime accident, then a maritime injury lawyer from Jim S. Adler & Associates can help. Your Adler maritime injury lawyer can assist you in understanding maritime law as it applies to your case and planning the best strategy for fighting for your rights in the legal arena.

Maintenance and cure can help seamen

Workers compensation often prohibits an employee from recovering anything beyond workers compensation benefits. But maritime law may allow an injured employee to recover damages from his or her employer when negligence by the employer or a co-worker has caused the injury.

A seaman who's been injured on the job has a right to special relief available under maritime law. This relief is called "maintenance" (a daily rate of help) and "cure" (payment of medical bills).

Maintenance covers what a seaman needs to maintain his or her life on a daily basis, as set by contract or by law. Covering daily living expenses, this maintenance is provided independently of which party was at fault in the seaman's injury.

Cure covers the seaman's medical costs, which can be quite high depending on the nature of the injury. In the case of both maintenance and cure, it's essential that the seaman secure such coverage as soon as possible after an accident on the job. That means it's especially important that an injured seaman confer with a maritime injury lawyer immediately.

This maritime injury lawyer will secure prompt and fair maintenance and cure payments, which can be in the form of daily rates. But regardless of such technicalities, it is vital that the seaman receives proper medical care right away, regardless of pending litigation related to maritime law. To ensure that such care is provided, it's important that an injured seaman have a maritime law attorney who can refer the seaman to a good physician. This means finding a physician who will put the seaman's health first and will not be concerned about potential litigation.

A maritime injury lawyer is often vital

When a seaman hires a knowledgeable maritime injury lawyer without delay, that seaman has a better chance of prevailing in a maritime injury case. For one thing, evidence may be lost or misplaced after an accident, but the sooner a maritime injury lawyer gets on the case, the faster he or she can collect evidence and avoid this problem.

Finding witnesses also can be difficult unless it's done promptly, since many seamen who might witness such a maritime injury accident might be likely to leave the vicinity soon after on another vessel. Seamen often live transient lives, and those who are witnesses may be difficult to track down, especially as more and more time passes.

An experienced maritime injury lawyer also will be wary of possible attempts to limit liability, as when the owner of a vessel files a "limitation of liability" action. This is done if the owner believes the cost of the injuries suffered on the vessel will exceed the actual value of that vessel. Such an action often follows a sinking of a vessel or any accident involving serious multiple injuries in a vessel's accident.

Clearly, maritime injury law is complex and requires an experienced and knowledgeable attorney to devise the proper strategy. Contact Jim S. Adler & Associates for a free case review, and let an Adler maritime injury lawyer work for you to gain the compensation you deserve.
 

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