The maritime law governs navigable waters. It is essential to understand them if you work for companies operating in the waterways, ship goods overseas, or are a stakeholder in the industry. Besides the workers on board a ship, the legislation will protect passengers. Since the law is complex, it would help to hire a maritime attorney specializing in the field if you have an issue. However, we will help you know more about the legislation and its importance in our subsequent sections. Let us get started.
Maritime Law Overview
Maritime law differs from other programs for worker’s compensation. It covers conditions and injuries arising from working offshore. The settlement seeks to cover expenses for workers to seek treatment until they recover and money to cover their daily costs until their condition improves. Your employer should pay for the medical expenses after a work-related injury. You must first report the incident to the company.
The maritime law does not consider who was at fault for the accident or workplace injuries. It is a must for employers to offer the benefits if it happens while undertaking your job as required. Unlike the worker’s compensation legislation which restricts you from using the company in case of negligence, you can do it under the Jones Act.
The Claims
A maritime lawyer can help you get a remedy for damages while working on a ship. They can develop claims showing the employer’s negligence. A ship owner will be liable for damages if the vessel is unseaworthy. The lawyer will evaluate maintenance reports to see if the owner repairs the ship as required. In addition, the vessel should have safety features to prevent accidents, including rails, and the surface needs to suit the working environment to avoid the risks of slipping or falling.
Other things to consider when building a case under the legislation include exposure to unsafe working conditions like poisonous gases and negligence in vessel navigation or piloting. Also, untrained crew members and not enough ship crew.
Compensation
The court will award compensation depending on the claims and evidence you present. Still, you can settle the case before going to trial. Your lawyer can guide you through the process and represent your interests. Apart from setting the compensation amount, they will be important when negotiating the payout and ensure you get a reasonable settlement for damages.
There are several things an attorney will factor in when determining the proper compensation to an affected person. The amount should cater to treatment expenses until full recovery, pain and suffering, lost income, disfigurement or scarring, and disability. If the workplace accident results in death, the family members can sue the employer. It will be necessary to prove negligence to get the benefits.
The Final Thoughts
Water vessel passengers, workers, and seamen get the protection of their rights in the maritime law. However, navigating through claims and court cases can be challenging without a legal expert. Working with a qualified and experienced lawyer will assist you in getting the maximum compensation you can.
