Talk to a Marine Lawyer After Cargo Handling Accidents
Malfunctioning cranes and forklifts, inadequate training of crew members, rough seas, and improperly secured cargo can all lead to serious injuries during cargo handling operations. When a maritime worker is injured during marine cargo operations, the worker will generally have the legal right to recover financial compensation for his injuries.
The Jones Act, the Longshore Harbor and Workers’ Compensation Act (LHWCA), General Maritime Injury Laws and even state based worker’s compensation laws can provide important legal rights to crew members and other maritime industry workers who are hurt on the job. These laws recognize just how dangerous it can be to work in the maritime industry and seek to provide extra protection to crew members, deckhands, and other vulnerable maritime workers. Whether you have been injured offshore transferring cargo from a vessel to a platform or hurt onshore while loading a ship, an experienced marine cargo handling lawyer can help you recover the financial compensation you are entitled to under the law.
Jones Act Cases
The Jones Act is a federal statute that gives injured crew members and sailors certain legal protections when they are injured in the course of their employment. Under the Jones Act, a “seaman” is permitted to sue an employer for damages when he is injured by the company’s negligence or the negligence of a co-worker. It is important to understand that employers in the maritime industry have a legal duty to provide a safe working environment for their employees. Any unsafe or hazardous condition on a ship or vessel can result in the employer being held legally liable for a seaman’s injuries.
In addition to filing a negligence lawsuit, the Jones Act also requires maritime employers to provide maintenance (daily living expenses) and cure benefits (medical care) to seamen who are injured in the workplace. Under the Act, your employer has an absolute duty to provide these benefits to you regardless of who may be at fault for your injuries. Your company may try to keep your maintenance payments as low as possible, sometimes less than $25 per day. In these situations, we may be able to help you secure a higher maintenance payment from your employer along with the possibility of a cash advance against any future settlements in your case.
LHWCA and Other Maritime Injury Laws
Depending upon the location of the accident and the type of worker involved, a cargo handling injury case may fall under the LHWCA or other maritime injury laws rather than the Jones Act. The LHWCA is a federal program that provides disability payments, medical care and other benefits to certain categories of maritime employees who are injured working on ports, docks, terminals, platforms and other structures used for loading and unloading ships and vessels. Similar to a state workers’ compensation program, the LHWCA is a no-fault program which means the injured worker is entitled to recover compensation and benefits regardless of who may be to blame for the accident or injury.
The Willis Law Firm – Protecting Your Rights
When you are hurt in a cargo handling operation accident your injuries could permanently impact your ability to earn a living. The Willis Law Firm is a leader in maritime injury litigation. For more than 30 years we have successfully represented injured maritime workers throughout the nation. We have recovered millions of dollars in lost earnings, medical care, disfigurement, pain and suffering, rehabilitation, job retraining and other damages for our clients on land and sea.. Contact us today to find out how we can help: 1-800-468-4878.