Questions About Maritime Accidents
US, Canada and Puerto Rico
The following are some commonly asked questions regarding maritime accidents. If you have additional questions, please contact the maritime accident attorneys Balkin & Eisbrouch, LLC for more information.
What are maritime accidents, and where can they occur?
A maritime accident is an injury that occurs at sea or onboard a vessel on the water. These types of accidents can happen in various settings, such as:
- Cargo ships
- Commercial fishing vessels
- Cruise ships
- Ferries
Victims can include passengers, seamen, longshoremen, merchant mariners, fishermen, even oil rig workers.
Am I covered under the Jones Act?
The Jones Act allows seamen to bring a claim against their employer for any negligent act that led to an injury. If you are performing a service on or to a vessel “in navigation” then you are covered by the Jones Act. “In navigation” does not mean that the vessel needs to be in motion but that it is in active operation. To qualify as a Jones Act seaman, you must have a significant connection to one ship or a fleet of vessels. Under the Jones Act, you must prove that your injuries were the result of a negligent:
- Vessel owner
- Master
- Crewmember
- Employer
- Officer
- Unsafe conditions
How long do I have to bring a case under the Jones Act?
The Jones Act has a statute of limitations of three years from the date of injury. That means that victims of a maritime injury must should not only seek medical attention immediately, you should also seek the counsel of Balkin & Eisbrouch, LLC as soon as possible. If you fail to file your claim within the statute of limitations, you may forever lose your right to compensation.
What are some acts of maritime negligence?
There are a number of negligent acts that may be the grounds for a maritime claim. Here are a few:
- Failure to provide safe equipment or provide a safe workplace
- Working in inclement weather
- Failure to hire a competent captain or crew, or not providing sufficient training
- An understaffed vessel
- Failure to provide prompt treatment or follow proper safety rules
- Ordering the crew to work excessive hours
- Obstacles in pathways, or failure to maintain deck boards
- Lack of safety equipment on board, or failure to provide appropriate gear
How much is my maritime injury case worth?
Many factors will be considered when the value of your maritime claim is figured. This can include:
- Physical disfigurement/disability
- Loss of future earning capacity
- Past and future loss of benefits
- Past wage loss
- Pain and suffering
An experienced maritime attorney like those at Balkin & Eisbrouch, LLC can help you determine the value of your claim. If you have suffered a maritime injury, please contact the maritime injury attorneys at Balkin & Eisbrouch, LLC today. We will diligently investigate you claim and fight to get you the money you deserve for your injuries, and any emotional anguish you have suffered.
