Admiralty Law
The Port of Charleston, the Port of Miami, the marina in Georgetown and many other facilities provide a host of dangers to workers and those boating in the area. Injuries and accidents at sea are treated differently than most other cases. The jurisdiction of the case will be determined by the location of the accident and the parties involved. Please call our office at 1-800-94TRIAL or contact us online for a free consultation.
- Cruise Ship injuries (negligence in hiring, care or treatment)
- Jones Act Violations
- Deckhand Injuries
- Port Injuries
- Wrongful Death
- Death on the High Seas Act (DOHSA) 46 U.S.C. §§761
Many of these cases revolve around profit. The companies want to make as much profit as possible with not having to care for passengers or crew. Many ships are not even registered in the United States. The assaults of passengers and permanent injuries to passengers has long be hidden because the ship is out to sea and no thorough investigation was conducted. Many times we must reconstruct the events that occurred on the cruise ship.
The other two major areas of litigation involve the Jones Act. Injuries to dock workers and deck hands occur almost every day. Many times the company keeps the injury quiet and the worker quiet as well. These cases are filed in Federal court depending on the alleged misconduct. We handle these case all across the country.
Jurisprudence on the High Seas; at Sea or Onshore
The Jones Act
The Jones Act allows seamen to seek compensation for injuries resulting from employer and/or co-worker, on-the-job negligence, during their employment aboard a watercraft or vessel.
The Jones Act recognizes the reality that maritime workers/seamen are employed in one of the world’s more dangerous professions. Employers may be liable for even the smallest breach of protection or accepted standards in maritime work environments, which are found to be contributory to an injury. These scenarios are maintained even when and where a maritime worker/seaman is fully aware of the high risks involved in the work.
The above stipulations also apply to claims involving injuries caused by negligence, against the vessel's owner, ie: the vessel was not seaworthy. An employer/vessel owner may also be liable for failing to provide a maritime worker/seaman with adequate medical care.
The Longshore Harbor Workers and Compensation Act
If you have been injured onshore while working in a dry dock, while using a crane or are injured by one, while loading or unloading a container ship or vessel, or suffer a related accident while employed in the shipbuilding industry, you may qualify for compensation under the Longshore Harbor Workers Compensation Act.
Under federal law, onshore maritime workers may receive replacement work income, payment for medical expenses and/or rehabilitation therapy, if injured on the job. Workers in the following categories may qualify: harbor workers, crane operators, longshoremen, dock workers, stevedores, shipbuilders, others.
Under this act, claims may be filed up to one year after the accident or injury. Some injured onshore workers may also qualify for state workers’ compensation benefits, as well.
In the United States (alone) over 1 million personal watercraft vessels share open waterways each year, in which time over 5,000 accidents occur.
When Is a Vessel Unseaworthy?
Legally, the owner of any watercraft must provide a seaworthy vessel, which is fit for its intended use, is outfitted with all appropriate equipment and safety gear associated with its use; provides a safe environment in which to live and/or work and is staffed by competent crew members. Even if all these factors are approved, a vessel may become unseaworthy after it leaves shore, based on dangers or conditions that arise during its time at sea.
Maintenance and Cure: “Seaman’s “workers’ compensation”
Regardless of fault, seaman have a legal right to "maintenance and cure", benefits similar to those available through traditional "workers' compensation" law.
"Maintenance” is monetary, allowing the injured party to collect, usually, from $10 to $40 per day, for food and shelter expenses, or the amount an injured seaman would have received aboard the vessel, in the course of his work duty. "Cure" translates to the type of appropriate medical care, hospitalization and/or rehabilitation therapy, the employer is obligated to provide to an injured person until maximum medical improvement is seen, as determined by medical professionals, even if the injured individual never fully recovers from an injury is is never able to return to this kind of work. Maritime workers who are not on-board seamen may be eligible for compensation under The Longshore and Harbor Worker's Compensation Act.
Liability of Third Parties
When/if a seaman's injury is caused aboard a vessel by an employee of an independent contractor, it may be possible to pursue a cause of action against the independent contractor, in addition to a claim under the Jones Act.
An experienced Jones Act attorney can assist an on-board seaman with specific injury claims, while maximizing recovery of maintenance and cure. If an employer denies maintenance and cure benefits, additional awards of damages and attorney fees may also be possible. If a seaman is killed or loses his life, where possible, an attorney may also seek damages under the Death on the High Seas Act.
If you need an admiralty attorney in Charleston, Georgetown, Myrtle Beach, Miami Beach, Miami, Palm Beach, Hilton Head, North Myrtle Beach. If you need a lawyer for Jones Act issues in Charleston, Georgetown, Myrtle Beach, Hilton Head.