Most everyone understands that if they’re employed to work aboard a ship and they get injured at sea, they are owed money. If the employer refuses to pay, the injured simply has to hire a maritime lawyer and take the matter to court (even if they do get paid, it’s still a good idea to consult a lawyer). However, there seems to be some ambiguity related to offshore injuries that occur away from a ship. Is an injured party entitled to anything if the voyage hadn’t even started yet?
The answer is that the injured is absolutely afforded certain rights as it relates to a worker’s compensation. So long as you can prove the injury was not due to your own mistake or error, but rather that of your employer, the owner of the ship, or someone else who was on board, you have a case.
Your claim will entitle you to paid medical attention (including any ongoing medicine or physical therapy prescribed), the wages you would have earned on the voyage had you not been injured, and any room and board necessary for the duration of your recovery or until you reach the highest level expected.
Of course, you could also be entitled to much more, depending on your specific case. For example, you may be able to prove that the accident you suffered was due to your employer’s negligence or that of the ship’s owner. Both the Jones Act and general maritime lawyer will also have a say on other benefits you may have a right to, according to the nature of the accident.
While there’s nothing you can do about the injury having happened, there’s plenty that can be done afterward. It starts with hiring the right maritime lawyer. Though there are countless in the industry, Kirkendall Dwyer LLP covers everything you need in a maritime lawyer and will fight for what’s rightfully yours.
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