Aug
5
2022
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Healy & Jordan PLLC
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Everything You Should Know About Maritime & Offshore Law Injury Claims

For over 35 years, Healy & Jordan has helped the Gulfport, Mississippi, and New Orleans areas with maritime and offshore law. Much of our help has included offshore claims.

These laws work differently than typical worker’s compensation cases. So you will need to take a different approach.

The following sections will help you better understand maritime law injuries by covering the following:

  • What it is
  • Your rights are
  • Types of maritime claims
  • Different types of injuries
  • Compensation eligibility
  • What you can claim

Keep reading to learn more.

What Is a Maritime Injury?

A maritime injury occurs when workers on sea vessels or offshore worksites in U.S. navigable waters sustain injuries from various scenarios. Examples include exposure to toxic materials or falling equipment striking your head.

What Are Your Maritime Rights?

Maritime workers must file a work-related claim within a certain number of days to receive compensation. If the plaintiff seeks further legal action, they could take their employers to court to receive compensation for their injury.

For example, with the Jones Act, you must file your claim within 7 days of the injury [1]. And you would have 3 years to sue your employer.

However, maritime workers do not qualify for typical worker’s compensation. So plaintiffs will need to take different legal actions and seek help from a local legal firm.

Different Types of Maritime Injury Claims

The many types of admiralty injury claims include:

  • Negligence claim: compensation from damages caused because of someone else’s recklessness
  • Unseaworthiness claim: seek claims for damages caused by unsafe maritime equipment
  • Maintenance and Cure claim: covers medical expenses and provides some living expenses while you recover
  • Jones Act claim: only “seaman” can file this claim directly against the employer 1

1 The Jones Act defines “seaman” as someone who spends 30% or more of their time on navigable waters [2].

The claim that you pursue will depend on your situation. If unsafe equipment in an oil rig caused your injury, you will want to pursue an unseaworthiness claim.

You will want to consult legal help to help you determine the best path to pursue.

What Type of Maritime Injuries Can You Receive Compensation From?

You can receive compensation for the following offshore injuries:

  • Broken bones or fractures
  • Permanent or temporary disabilities
  • Fatal injuries
  • Wrongful death
  • Burns
  • Abrasions

You or someone you love could sustain an injury from the above examples from electrocution, collapsed equipment, slippery surfaces, or other examples.

If you had an on-the-job injury, inform your employer immediately after receiving medical treatment. Otherwise, your employer could take advantage of the delayed response time during litigation.

Who Is Eligible for Maritime Compensation?

The following workers can possibly receive compensation for maritime injury claims:

  • Harbor workers
  • Workers on the Mississippi River
  • Barge workers
  • Maritime workers
  • Workers in the Gulf of Mexico
  • Deckhands
  • Jones Act seaman
  • Tugboat workers
  • Oil rig workers
  • Longshoremen

You can also file an admiralty claim if you suffered from an injury on these worksites:

  • Fishing, crew, and supply vessels
  • Tanker
  • Construction or floating crane barges
  • Cargo ship
  • Tanker
  • Tugboat
  • Oil rig

Various other work environments can lead to injuries eligible for maritime injury claims. If you have suffered an injury, speak to someone immediately by calling 228-383-0271.

What Can You Receive Maritime Compensation For?

You can receive admiralty compensation for some of the following expenses:

  • Property damages
  • Medical expenses
  • Mental distress
  • Physical disability
  • Loss of fringe benefits
  • Disfigurement
  • Lost wages
  • Pain and suffering
  • Lost overtime wages
  • Loss of companionship

Report on your injury immediately. Collect evidence such as testimonies and medical records. Otherwise, a lack of detail in your case could lead to not receiving the compensation you deserve.

Stop searching for a maritime admiralty lawyer in Gulfport, Mississippi. Healy & Jordan PLLC will help you in offshore and marine matters like:

  • Personal injuries
  • Rights of deckhands, roughnecks, and more
  • Equipment investigation
  • Injuries on vessels like supply boats, tug boats, submersible rigs, and more
  • Injuries that took place in fishing operations, oil facilities, and construction work sites

We will also help you with business litigation, auto accidents, and criminal defense.

Reach out to us by filling out our contact form. Or call 228-383-0271 to talk to someone now.

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