Offshore injury lawyers Gacovino, Lake & Associates, P.C. can advise you about your legal rights to compensation if you have suffered a serious injury while on a waterway, either as a passenger or a worker. Because injuries of these types are subject to a specific body of law known as maritime and admiralty law, it is important to select an attorney with specific expertise in the Jones Act, the Longshore and Harbor Workers’ Compensation Act and all other federal laws pertaining to harm sustained on or near the open water.
At Gacovino, Lake & Associates, P.C, we pride ourselves on our experience handling maritime cases for injured clients, and are well-equipped to pursue compensation on your behalf in this unique and complex area of law. For a free, no-obligation consultation about your case and your legal options, call us at 1-800-550-0000 or contact us online.
A Jones Act Lawyer’s View of the Jones Act
Every year, seamen sustain injuries or death in maritime-related accidents. Many of these accidents are aboard commercial vessels, and can involve anything from food poisoning to slipping and falling off of a vessel. In 1920, the United States Congress adopted an act known as the Merchant Marine Act, or, more colloquially, the Jones Act. This act helps to protect seamen who sustained injuries while working aboard a vessel by providing them the right to pursue damages in the event of personal injury or death.
If you’re a maritime worker or seaman who has sustained an injury due to the negligence of your employer, fellow crewmembers, or ship owner, you may be able to pursue a claim under the Jones Act. Our lawyers in New York can help with this process.
Maritime Workers Covered by the Jones Act
Not every maritime worker is considered a Jones Act seaman. Rather, in order to qualify as a seaman covered by the, you must spend 30 percent or more of your time working on a vessel or group of vessels under common ownership. The Act covers crew members, officers, captains, and masters aboard the vessel. The Act does not apply to passengers.
Accidents that may occur on a vessel and lead to a claim include:
- capsizing of a vessel;
- collision with another vessel;
- being thrown about by rough seas;
- slips and falls on board;
- food poisoning;
- being struck by a falling object; and
- injuries during construction.
Talk to us today if you’re unsure whether you qualify as a seaman and if your injury qualifies for compensation under the Jones Act based on your employer’s negligence.
Offshore Injuries Permitted Under the Jones Act
If you’ve suffered an injury while aboard a vessel covered under the Jones Act, you may be entitled to damages if you can prove negligence. Furthermore, if you have lost a loved one who was living or working upon a Jones Act vessel, you may also be eligible to recover compensation.
Damages permitted under the Jones Act may include:
- medical expenses;
- pain and suffering;
- loss of support to surviving spouse;
- funeral expenses;
- lost wages;
- loss of companionship; and
- mental anguish.
In order to qualify for damages, a plaintiff must prove that the maritime employer did not provide the seaman with a reasonably safe place to work, or that negligence occurred. The statute of limitations for pursing compensation under the Jones Act is three years.
Further, injured maritime workers are entitled to maintenance and cure, which provides for living expenses and medical treatment while injured. This is available regardless of fault.
The Longshore and Harbor Workers’ Compensation Act
This federal statutory protection is extended to workers who sustain injuries while attending to their duties on waterways or while repairing, loading, building or unloading vessels. In addition, it provides remedies for individuals who contract diseases from performing those same categories of work.
In order to maximize your potential compensation, it is critical that you contact a maritime and admiralty lawyer with in-depth understanding of this very specific practice area. At Gacovino, Lake & Associates, P.C., we stand prepared to carefully assess the facts of your case and craft the best legal strategy to procure maximum compensation for your injuries.
Death on the High Seas Act
Enacted in 1920, this statute is intended to allow for recovery of damages by a spouse or other dependent of a seaman killed in international waters due to the negligence of another or the unseaworthiness of a vessel. If you believe you may have a wrongful death claim that meets these criteria, the NY-based admiralty and maritime lawyers of Gacovino, Lake & Associates, P.C. have the experience and insight necessary to review your case and provide clear, honest explanations of your legal options.
IN OFFSHORE INJURY CASES, VICTIMS MAY BE ENTITLED TO:
- Past and future medical costs
- Lost wages
- Lost earning capacity
- Pain and suffering
- Funeral expenses
- Childcare costs
Filing Cruise Ship Offshore Injury Lawsuits
While cruises are usually happy trips, there are times when cruises turn tragic and injuries are sustained. Cruise ships are designated as “common carriers,” meaning that they have a special duty to passengers above and beyond mere reasonable care. When injuries or death occur on a cruise ship, legal claims can fall under maritime law, or other federal law and state law, depending on the circumstances. It may be possible to pursue compensation from the vessel’s owner, the charter company, the ship operator, or perhaps even the ticketing agency.
INCIDENTS GIVING RISE TO CRUISE INJURY CLAIMS ARE QUITE VARIED, AND CAN INCLUDE:
- Overboard falls
- Cruise ship fire injuries
- Docking accidents
- Norovirus infections
- Injuries caused by navigational mistakes
- Pool accidents
The Long Island and New York maritime attorneys at Gacovino, Lake & Associates, P.C. will listen to the facts of your case, determine applicable law and begin building the most persuasive case possible on your behalf. Because cruise ship injuries can be extremely serious in nature, it is important that you begin the process of seeking recovery as soon as possible upon reaching shore.
As is also the case in many maritime law matters, cruise ship injury victims can be pressured or coerced into making statements about the circumstances surrounding the harm sustained. This may substantially compromise their ability to recover damages down the road. For that reason, we at Gacovino, Lake & Associates, P.C. urge you to contact us as soon as possible following the events in question.
Offshore Injury Lawyers
Admiralty and maritime injury cases are unusually complex matters. They require comprehensive knowledge of the pertinent statutes and a personalized approach to client care. The personal injury attorneys of Gacovino, Lake & Associates, P.C. have built their careers on the belief that those harmed by the negligence of others deserve compassionate, tireless advocacy.
At Gacovino, Lake & Associates, P.C., your success is our success, and we strive daily to achieve the best possible outcomes for each of our clients. To schedule a confidential, no obligation, free consultation, call us at 1-800-550-0000. We look forward to examining the facts of your case and helping you explore all available options.
Related Articles to Offshore Injury:
- Overview of Cure
- Recovery Through Death on the High Seas Act
- Who Qualifies as a Seaman
- Negligent Actions Based on the Jones Act
- Remedies for Injured Seamen
- Discrimination on the High Seas
- The Rundown on Maintenance and Cure
- The Spiel on Unseaworthiness
- A Few Pointers On Submitting an Oil Spill Claim
- Oil Rig Workers and the Longshore and Harbor Workers’ Compensation Act