Crew Member Injuries

Crew Member Injuries

If you have been injured in the course of work at sea, you are entitled to compensation. Due to the complexities and challenges of maritime law, you should immediately consult with a maritime attorney in order to preserve your rights. Contact a maritime attorney at Schwartzman Law to discuss your claim. For over 35 years, the maritime attorneys at Schwartzman Law have made a name for themselves fighting the big shipping companies and insurance companies. You need the experienced, aggressive maritime attorneys at Schwartzman Law on your side to represent your interests and fight for what’s right. The shipping companies and insurance companies have lawyers protecting their interests. You need to level the playing field and make sure you are represented by the maritime attorneys at Schwartzman Law who can help you navigate the complex law to ensure you receive everything to which you are entitled.

THE ACT – The Merchant Marine Act of 1920 is a United States statute that regulates maritime commerce in U.S. waters and between U.S. ports. Section 27 is the Jones Act which provides that injured seamen may make claim against their employers for negligence of the ship owner, captain, or crew.

COVERAGE – A “seaman” has been deemed to be any worker who spends at least 30% of his/her time in service of a vessel on navigable waters. An action can be brought in either federal or state court and can be tried by a jury. It is not a workers’ compensation law.

COMPENSATION – Any seaman injured at sea is entitled to maintenance and cure, meaning that the worker’s employer must pay a daily stipend and provide medical care. In addition, seamen can also sue for damages if their injuries were caused by the negligence of the vessel owner or crew members, or if the vessel is unseaworthy.

Injured seamen can recover damages for lost wages, medical bills, and pain and suffering. In the event of death, an injured seaman’s family can recover wrongful death damages which may consist of mental anguish, emotional pain and suffering, loss of society, loss of companionship, comfort, protection, martial care, parental care, filial care, attention, advice, counsel, training, guidance, education, loss of support, and loss of services.

FILING REQUIREMENTS – As a general rule there is a three year statute of limitations. Actions under the Jones Act can be filed in either federal court or state court.