|
|
Like this article? PLEASE +1 it! |
|
Sailors, Maritime Workers Protected By Special Laws For On-the-Job Injuries
|
| Guest post by: Terry Cochran |
Article Overview: Sailors and maritime workers who are injured on the job do have remedies to seek to get recovery for damages and expenses incurred. But there’s a totally different set of laws to protect maritime workers than for workers injured on the land.
![]() |
Free Download - Sailors, Maritime Workers Protected By Special Laws For On-the-Job Injuries By Terry Cochran |
Sailors, Maritime Workers Protected By Special Laws For On-the-Job Injuries
People who get injured are very often are entitled to
payment for damages and for harm done, whether involved in auto, truck, train,
airplane or boat accident. In some cases, though, procedures to seek justice
are vastly difference because the rules of recovery of based on totally
different laws.
For several years railroad workers had specific rights under
federal law to collect damages for injuries occurring while working on the job.
Those rights were extended to sailors with passage in 1920 of the federal
Merchant Marine Act, also known as the Jones Act (named after Sen. Wesley
Jones, the Act’s sponsor). Some maritime workers, not covered by the Jones Act,
are protected by the Longshoreman’s Act.
The Jones Act specifically allows for sailors to make claims
and collect from their employers for the negligence of the ship owner, captain,
or crew members. The protection applies to any one who spends 30 percent or
more of their working time “in the service of a vessel on navigable waters.”
While most Americans injured on the job file for workman’s
compensation to obtain justice, sailors instead must seek justice by filing for
relief under the Jones Act. In addition to payments for damages sailors may
file to cover death benefits, health care costs and lost wages associated with
the injury. The benefits can be extremely higher than benefits for workers on
land, if a skilled and knowledgeable attorney is involved.
Claims may injuries resulting from working on offshore rigs,
tugboats, barges, tankers, cargo ships, ferries, fishing trawlers, workboats,
water taxis, or for dockworker injuries or international maritime injuries.
Anyone who thinks they might be covered should contact an attorney familiar
with the Jones Act for advice.
The Longshore and Harbor Workers’ Compensation Act, commonly
known as the Longshoreman’s Act, was enacted in 1929 and covers certain
maritime workers including most dock workers and shipyard workers not covered
by the Jones Act. Generally speaking, a worker injured who is covered by the Longshoreman’s
Act is entitled to temporary payment of two-thirds of his weekly wage while
undergoing medical treatment and for payment of damages.
The Longshoreman’s Act provides employment-injury and
occupational-disease protection to some 500,000 workers who are injured or
contact occupational diseases on the navigable waters or the U.S. or on ports
or docks.
There are risks involved with the Longshoreman’s Act. An
injured worker, for instance, who quickly agrees to take the insurance
adjuster’s advice to “see our doctor” is legally bound to that choice, an
action which often decreases the worker’s chance for fair compensation. The
wisest step is to consult with an attorney before signing any documents handed
to you by an insurance adjustor, who is not getting paid to look after the
worker’s best interests.
There are many horror stories of auto and truck accident
victims who give away their birthrights by signing documents flashed in front
of them by insurance adjusters. The same thing is true of injured sailors,
longshoremen or other maritime workers injured on the job, whether covered by
the Jones Act or the Longshoreman’s Act.
All injured workers must always remember that insurance
companies are not your friend. If you want someone to represent your best interest
that would be your attorney. There are
sufficient protections for injured and killed sailors and other maritime
workers so please make sure you do not give those rights away but instead
receive the justice you are entitled to receive.
Referred by: http://www.westwindcos.com
Related Forum Posts
Share this article with your friends. Fund someone's dream.
Leave a comment below or share on the left and you'll help support entrepreneurs in Africa through our partnership with Kiva. Over $50,000 raised and counting - Please keep sharing! Learn more.
Get advice & tips from famous business
owners, new articles by entrepreneur
experts, my latest website updates, &
special sneak peaks at what's to come!
Email us your ideas on how to make our
website more valuable! Thank you Sharon
from Toronto Salsa Lessons / Classes for
your suggestions to make the newsletter
look like the website and profile younger
entrepreneurs like Jennifer Lopez.



