Q: If the accident occurred while in port, what laws apply?
It would depend on the capacity of the person at the time the accident occurred. Was the person a member of the vessel’s crew? Was the person a stevedore working for a cargo terminal? Was the person a welder, mechanic, or other shoreside contractor? Was the person a disembarking harbor pilot? Based on the person’s role, any one of a number of laws could apply, such as the Jones Act, Longshore Harbor Workers’ Compensation Act, or other law.
A: There are several factors that would impact the applicable law, including the workers' job title, type of employer, and the place where the incident occurred. For example, if the worker was injured on a vessel, while working as a member of the crew, then the claims may fall under the Jones Act and general maritime law. If the worker was injured while working in a land-based position or on a fixed platform, other laws, such as the Longshore Harbor Workers Compensation Act may apply. The types of damages available vary significantly, depending upon which laws are applicable. With more details on the incident, an experienced maritime lawyer, can provide you with advice on the applicable law and types of damages that are recoverable.
Tim Akpinar agrees with this answer
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