Maritime Law
Longshoremen, pilots, vessel passengers, and those who work on fixed platforms and some offshore oil rigs are not “seamen,” but have other substantial and favorable maritime remedies available for injuries. Longshoremen, pilots and platform workers are protected by maritime law and factors such as status of the worker, where the injury took place, as well as the parties involved may affect the potential rights and remedies of the injured worker. The law governing longshoremen, pilots, vessel passengers, and those who work on fixed platforms is in many times determined by the Outer Continental Shelf Lands Act, The Longshore & Harbor Workers Compensation Act and applicable state law.
The Jones Act is a Federal law passed in 1920 that regulates sailing within the United States. The act allows “seamen” to collect compensation for lost wages, lost earning capacity, past and future pain and suffering, past and future mental anguish and disfigurement. Additionally, the act provides compensation for living expenses (“maintenance) and medical expenses (“cure”). Survivors of seamen killed in the line of duty may also file a wrongful death claim under the Jones Act or the Death on the High Seas Act, which allows dependent survivors of anyone who dies more than three miles offshore — including those who do not qualify as seamen under the Jones Act — to sue the responsible party for the loss of their loved one’s wages. If the seaman or worker was killed within three nautical miles of shore, other law may apply.
Longshoremen, pilots, and those who work on fixed platforms are not “seamen,” but have other maritime remedies available for injuries. Longshoremen, pilots and platform workers are protected by maritime law and factors such as status of the worker, where the injury took place, as well as the parties involved may affect the potential rights and remedies of the injured worker.
Working on the water can be financially and personally rewarding, but it can also be dangerous. If you or someone you love has been injured or killed at sea because of someone else’s negligence, acting quickly to secure your right to maximum financial compensation is strongly advised. For a free consultation with a Nationwide Jones Act, maritime and offshore injury attorney, call today and start getting answers.