One of the most common questions asked about maritime lawyers is “What is a maritime lawyer and what does he do?”
A maritime attorney is an attorney who specializes in maritime injuries and boating accidents that occur in both recreational and commercial maritime activities. Not only do maritime attorneys protect seafarers who are injured on the job, but maritime lawyer also more severely protect those involved in investigations into recreational boating accidents.
The types of work that Maritime Lawyers can perform include bringing cases to court, drafting documents, negotiating settlements and dealing with interventions or illnesses caused by various types of seagoing vessels or vessels, as well as companies dealing with dangerous ailments in the sea dispose of sea.
As one of the introductory areas, the Law of the Sea, also known as Admiralty Law, dates back to the Constitution. The law of the sea is defined as “the law affecting commerce and navigation on the high seas and other navigable waters and which is influenced by the Admiralty courts” (source). The law of the sea generally includes local law, US law, and international law. These laws contain the rules that govern torts, transgressions, contracts and any type of crime committed near, on or in navigable waters.
The law of the sea can often be extremely complex, and maritime lawyers must be familiar with international, state and federal law. In addition, a maritime attorney must know the law relating to marine insurance, marine pollution and workers’ compensation (Jones Act), to name but a few. Maritime lawyers may need to be knowledgeable about foreign corruption and understand the anti-bribery regulations enforced by the United States Department of Justice.
The Jones Act is a statute established by the Merchant Shipping Act of 1920 that regulates the shipping of goods in the United States. The Jones Act is most relevant to those who work at sea and are injured. The legal basis ensures that the worker is responsible for a worker who WILL be injured while working at sea. A worker who is covered by the Jones Act is entitled not only to pain and suffering suffered after the accident, but also to any loss of earnings caused by the accident.
A claim for damages at sea is similar to a claim for workers damages, the only difference being that a claim for damages at sea tends to be much larger in comparison. This is because working on a ship puts workers at much greater risk than many other jobs. The higher payout compensates for this fact. If you are injured while working at sea (and qualify as a seaman under the Jones Act), you can be compensated for lost income (present and future income), medical care costs, loss of ability (both physical) and Treatment will be compensated or rehabilitation, pain, emotional distress and other costs related to your injury.
The Jones Act covers brand people getting injured on the job. To qualify as a seaman, a worker must spend at least 30% of the time aboard a sailing vessel. This means that an employee may work 70% of their time on land, but if the same employee spends 30% of their time on board the ship, they are still covered by the Jones Act.
Although the law of the sea covers a wide range of categories, there are some discoveries at sea that are more likely to die than others. The vast majority of accidents on seagoing vessels are slip and fall injuries. In fact, this type of injury accounts for just over 40% of all openings at sea, according to OSHA. Given that any type of boat will have many wet surfaces, this is not surprising, but hobbyists should do their best to educate employees on how to avoid slipping and falling injuries. Other types of objects occur when handling hazardous chemicals and toxic breath agents, working in confined spaces, heavy lifting, repetitive during work, and working near machinery that can cause harm (Cd. 2020DC).
The first step after any injury, including an injury at sea, is medical attention. Whatever pain and suffering you’re dealing with, you want it recorded just in case, even if you don’t intend to file a lawsuit. Well, you know, you can see the possible consequences of the lesson, and you decide if you want it in the back, that’s the opportunity. Also, you may not know the full extent of your determination, and a doctor is in the best position to make a final decision.
If possible, you should take photos of the boat and the work area, don’t let it happen immediately after the accident. If you can’t take photos yourself, make sure a co-worker can take photos for you. Even if you don’t intend to file a claim for your injury at sea, cover the basics just in case. Be sure to take photos of the cause of the injury, the surrounding area, and any machinery or equipment used prior to the injury.
The last step is to contact a highly qualified marine injury attorney. Most maritime attorneys offer a free consultation and can help you decide whether or not you have a maritime injury case. If you would like to discuss your maritime injury with the maritime attorney at Patrick Daniel Law, call (713) 999-6666 or text (713) 903-7588 to speak with an attorney now.