A Maritime Attorney at Willis Law Firm Can Help After a Cargo Ship Accident
Rough weather, dangerous equipment and other hazardous conditions make working on the water a difficult occupation. Every day serious accidents and injuries occur on cargo ships and other vessels in the United States and around the world. These injuries are often severe and can be life changing for the both the injured worker and his or her family members. Recovery can take a long time causing the worker to lose significant income while incurring huge bills for medical care and treatment.
The Willis Law Firm has decades of experience representing seamen and other maritime workers who have been injured on or near the water. We are an aggressive team of legal professionals committed to helping injured workers obtain full and fair financial compensation. Our firm handles all types of cargo ship accident cases, including cases involving:
- Slip and fall injuries
- Ladder and stair injuries
- Falls due to lack of non-skid surfacing materials
- Loading/unloading accidents
- Back and spinal injuries from lifting accidents
- Accidents resulting from inadequate lighting
- Ergonomics/repetitive trauma injuries
- Death of the High Seas (DOHSA)
Legal Claims Under the Jones Act
Many of the cases involving cargo ship accidents are covered under the Jones Act. The Jones Act is a federal statute that provides injured seamen with important legal rights and benefits. Under the Jones Act, when a seaman on a cargo ship is injured an accident, the seaman will be automatically entitled to collect maintenance and cure benefits from his employer regardless of whether the employer was at fault for the seaman’s injuries. Additionally, if negligence on the part of the employer played any role in the seaman’s accident, the seaman will have the right to file a Jones Act lawsuit against the employer to recover negligence damages, including past and future lost wages, past and future medical care, rehabilitation and pain and suffering.
Other Legal Actions
Oftentimes when a maritime worker is injured in a cargo ship accident, other laws and statutes beyond the Jones Act can often come into play. For instance, if the injured worker is a longshoreman who is not employed by the owner of the cargo ship, the worker may have the right to file a negligence lawsuit against the cargo ship owner pursuant to section 905(b) of the Longshore Harbor & Workers’ Compensation Act. The U.S. Supreme Court in Scindia Stream Navigation Co. V. De Los Santos, 451 U.S. 156 (1981) set forth three avenues, in the form of duties, under which an injured longshore worker in these types of cases can recover negligence damages:
- The Turnover Duty;
- The Duty of Active Control and;
- The Duty to Intervene. If the owner of vessel breaches one or more of these three duties, the injured worker will have the right to file a legal claim to collect damages from the vessel owner.
Discuss Your Case with a Leading Maritime Injury Firm
If you are a worker who has been injured in an accident involving a cargo ship, the Willis Law Firm is here to help. We are an aggressive maritime injury firm that has represented injured workers in y all types of maritime accident cases from coast to coast. Call us today at 1-800-468-4878 to discuss how we can help you recover the financial compensation you need to deal with your injuries so you can move forward with your life.