What You Need To Know About Maritime Injury Cases
If you are a seaman who has been injured while fulfilling your job duties
, you may not know where to turn. Maritime injury cases are extremely complicated, and you need a skilled attorney fighting to ensure you receive the benefits you deserve under the federal Jones Act and other applicable maritime laws. Here, I offer some important facts you need to know if you are injured or a loved one is killed while working at sea.
Maritime employees and offshore workers are protected by several different maritime laws, including the following three: The Jones Act, Death on the High Seas Act, and the Longshoreman and Harbor Workers' Compensation Act.
Sailors and workers who got injured while working in vessels such as oil rigs or tug boats, and/or those who are working in American ships are protected under the Jones Act.
Anyone whose family members go missing at sea, or anyone whose family members were killed in a plane crash at sea, will receive help under the Death on the High Seas Act.
The Longshoreman and Harbor Workers' Compensation Act protects the injured maritime employees working land-based jobs, such as dock workers.
If you have been injured while working on a vessel at sea, you are entitled to receive medical treatment and compensation for lost wages, and your employer should give you ample time to recover before reporting back work. However, your benefits may be placed in jeopardy if you fail to follow proper procedures after your accident. Below are the steps you should take if you are injured while performing the duties of a maritime occupation:
Report your injuries to your supervisor, but do not agree to make a recorded statement regarding your injuries outside the presence of a maritime injury attorney.
Do not sign any documents given to you by your employer without first consulting a maritime injury attorney.
Seek medical treatment immediately, and follow the advice of your physician. It is your right to seek medical treatment from a physician of your choice, not one chosen by your employer. The employer's medical providers may try to pressure you to return to work before you are fully recovered. It is your right to remain out of work until you reach maximum medical cure.
You are entitled to file a claim for benefits. Your employer should pay you for medical treatment and living expenses while you are recuperating under the doctrine of maintenance and cure. If your employer refuses to make these payments, claiming that the injury was your fault, you need to speak with an experienced maritime attorney immediately.
It is your right as an injured maritime employee to receive the appropriate medical treatment and monetary compensation for lost wages, as well as to recuperate completely before going back to work. If your employer is telling you otherwise, you need a maritime injury attorney to protect your rights.
by: Nelson E. Lindquist
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