FREQUENTLY ASKED QUESTIONS ABOUT
MARITIME WORKER’S INJURIES
What is The Jones Act?
What type of injuries and accidents are included?
What type compensation is available?
What is Admiralty law?
Whose law applies?
Who is covered under the Admiralty Law?
What are your fees?
Q. What is The Jones Act?
A. Under the Jones Act the term “seaman” has been
given a very broad and liberal reading. Jones Act seamen, as defined by the
act, are entitled to protection from negligence and unseaworthy vessels. Also,
Jones Act seamen are entitled to mainenance (weekly benefits) and cure (medical
care). The term “seaman” includes: officers, engineers, deck department
workers and other members of the ship’s crew, oil rig toolpushers, drillers,
rough necks, cooks and other workers on jackup oil rigs, semi-submersible rigs
or drill ships. Whether one’s a seaman or a member of a crew is a question
of fact for a jury.
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Q. What type of injuries and accidents are
covered?
A. Covered injuries include those to a seaman (sailor), tugboat
crew member, oil & rig worker or other types of water based workers; injury
to a longshoreman or harbor worker; injury from a small boating accident; injury
to a ship’s passenger; and injury on a permanent offshore oil production
or drilling facility.
Admiralty lawsuits can include the following:
Back,neck or shoulder injuries relating to heavy lifting and cargohandling; falls,
broken bones, paralysis and amputations due to unseaworthy conditions on board
a vessel including decks, winches or other ship equipment; burns caused by explosions
on oil rigs or ships; electrocution injuries and deaths due to defective equipment
on ships, tugboats, oil rigs or harbor facilities; and drownings.
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Q. What type of compensation is available?
A. Longshoremen, harbor workers and ship repairmen generally
receive longshoreman and harbor worker’s compensation benefits. However,
they may have a cause of action for injuries caused by dangerous conditions on
board the vessel or negligence of someone other than their own employer. These
injuries can be any type from simple back, neck and shoulder injuries to broken
bones, paralyses, burns or electrocutions.
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Q. What is Admiralty Law?
A. Admiralty law or Maritime law is that body of law governing
navigation and shipping. It evolved in the United States from the British Admiralty
Courts present in most of the American Colonies. These courts function separately
from the general courts of law. The United States Congress placed admiralty and
maritime matters under the jurisdiction of the federal district courts rather
than the state courts.
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Q. Whose law applies?
A. Under admiralty, the law of the ship’s flag determines
the source of the law. For example, a ship flying the American flag in the Perisan
Gulf would be subject to American Admiralty Law: and a ship flying a Norwegian
flag in American waters would be subject to Norwegian Admiralty Law. This also
applies to criminal law governing a ship’s crew. In order for this to apply,
the ship must be flying the flag legitimately. There must be more than a substantial
contact between the ship and its’ flag in order for the law of the flag to
apply. American courts may refuse jurisdiction where it would involve applying
the law of another country but in general, international law is uniform with
respect to admiralty and maritime matters.
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Q. Who is covered under the Admiralty Law?
A. The general term for persons covered is “Seaman”.
This includes: officers, engineers, deck department workers and other members
of the ship’s crew, oil rig toolpushers, drillers, rough necks, cooks and
other workers on jackup oil rigs, semi-submersible rigs or drill ships. Other
terms for workers covered are: sailor, tugboat crew members, longshoreman and
harbor workers. The Longshoreman and Harbor Workers Compensation Act was set
up to compensate injured maritime workers who do not sail. This act covers steverdores,
and ship’s service operators in general.
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Q. What are your fees?
A. Balkin & Eisbrouch handle
all cases on what is called a contingency fee. This means that no fees or
costs are charged unless we collect money damages for you. We advance all
costs for investigators, court reporters, expert witness testimony, accident
reconstructionists, filing fees and any other expenses related to your case.
All of the consultations with our office are absolutely free. When you recieve
compensation, meaning we have successfully concluded your case, either by
settlement or litigation, our fees are a percentage of the gross settlement.
This percentage is agreed upon before we begin work on your case and is generally
between 20% and 40%. The percentage depends on the complexity and type of
case.
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No Recovery, No Fee!
We know most people can't afford high, hourly legal fees. That's why we work on a contingency basis. This means you won't pay anything, unless we recover money for you.
If you or someone you love has been injured in a car accident anywhere in the United States, Canada, Puerto Rico and all American possessions, let our experienced auto accident lawyers help you receive the compensation you deserve.
Email us or call us today at 1-800-RESULTS.
"THE RESPECT YOU DEMAND. THE RESULTS YOU DESERVE."®
Balkin & Eisbrouch, LLC
A National Law Firm
"Making Things Right For Over 35 Years"
