Offshore InjuryBlog

Recovering from Maritime Injuries

For victims of offshore injuries, the time immediately following can be difficult to say the least. If you have been injured in such an accident—or if you have a loved one who has been hurt—it is crucial that you contact a skilled maritime accident lawyer as soon as possible to look into your situation and determine the best course of action. Under maritime injury law, there are several ways that you may recover compensation.

Below, we look into the different ways that you may be eligible to recover financial compensation.

Jones Act

The Jones Act, which is also known as The Merchant Marine Act of 1920, is a piece of federal law that extends the benefits of the Federal Employer's Liability Act (FELA) to qualified seamen. Under the Jones Act, someone who was injured while working offshore would have the ability to pursue a personal injury case. This action may be in either federal or state state court; the Jones Act also affords seamen the right to a jury trial.

Examples of the damages available under the Jones Act include:

  • Lost Earnings & Lost Earning Capacity
  • Medical Expenses (Past, Present & Future)
  • Pain, Suffering & Mental Anguish

Under the Jones Act, the injured are also eligible for maintenance and cure benefits:

  • Maintenance – Room and board, food, utilities, etc.
  • Cure – Medical bills, medicine, medical tests, etc.

Maintenance and cure must be paid until they reach a state known as "maximum medical improvement."

LHWCA

The Longshore and Harbor Workers' Compensation Act (LHWCA) provides protection to 500,000 workers for the possibility of employment-injury and occupational-diseases. It is, in essence, a workers' compensation program for maritime workers who are employed on either the navigable waters of the U.S. or in adjoining areas. Individuals who are covered by the Act range from shipbuilders to harbor workers.

Examples of the damages available under the LHWCA include:

  • Total & Partial Disability
  • Death Benefits
  • Loss of Wage Earning Capacity

Under the LHWCA, individuals can recover workers' compensation benefits that are two-thirds of their average weekly wages, which is more than most state workers' compensation programs that only pay 60%.

Getting Help from Skilled Maritime Injury Lawyers

Looking for the best lawyers in maritime injuries cases? It is crucial that you work with legal professionals who know the law and know how to protect your rights to just compensation. At Arnold & Itkin, we have shown throughout the years that we are skilled at helping clients recover following maritime injuries. In fact, we have recovered more than $1 billion in verdicts and settlements throughout the years. If you would like to discuss your case with our firm, we encourage you to contact us today! We offer 100% free consultations.

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