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Admiralty / Maritime Questions & Answers

Q: Do offshore workers get workers comp?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Feb 20, 2018

Thank you for your question. The answer depends upon what “category” of worker you are talking about. A “seaman” would not be eligible or qualify for worker’s comp. A seaman’s remedy after being injured on the job falls under the "Jones Act” and General Maritime Law remedies, including maintenance and cure. On the other hand, a “harbor worker” qualifies for federal worker’s comp (L&H). If you are asking about a worker on an oil rig, then most likely that worker would be...
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Q: What can you do to get compensation if you get hurt working on a cruise ship?

2 Answers | Asked in Admiralty / Maritime for New York on
Answered on Feb 1, 2018

Need more information. Were you a crew member? What company? Where(location) vessel when injured. Your nationality. The answer to these questions may determine what law applies.
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Q: Is there a special workers comp law if you're injured while working at sea?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Jan 30, 2018

The answer depends upon what category of worker you fall into. If you are a seaman or fisherman, you would be covered by the "Jones Act" and general maritime law. If you are a longshoreman or harborworker, you would be covered by Longshore and Harborworkers Compensation Act (a worker's comp law).
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Q: If a person who has the salvadorian TPS marries a USA citizen does he has to leave the country in the state of Ohio

1 Answer | Asked in Admiralty / Maritime and Immigration Law for New Jersey on
Answered on Jan 26, 2018

Temporary Protected Status, a designation that allows certain nations' citizens to remain in America due to a variety of safety concerns. But that temporary status will end in 2019 for El Salvadorians, according to the Department of Homeland Security. The person does not have to leave the country. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that...
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Q: What law enforcement agency has jurisdiction over criminal activity at sea?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Jan 2, 2018

Generally the FBI and local port authority.
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Q: What does it mean when a person is indicted for theft and there is no discovery or nothing in the discovery?

1 Answer | Asked in Admiralty / Maritime and Criminal Law for Ohio on
Answered on Dec 4, 2017

That's a lot to unpack. What happened?

First, Miranda warning are required only if the police intend to use the answers to questions they ask during a custodial interrogation. If they didn't question you, don't need your answers, or you were not in custody when you were questioned, they don't need Miranda. Second, the punishment, so to speak, for the state for violating Miranda is not dismissal of the case but exclusion of the answers given during interrogation and potentially other...
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Q: Does maritime law govern personal injury lawsuits related to boat accidents at sea?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Dec 2, 2017

If the injured person was employed on the vessel then Federal maritime law applies. If the boat was in state territorial waters both state and federal maritime law apply. If the boat is beyond the state territorial waters when the injury occurs then Federal maritime law applies
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Q: My husband was injured on the job - we feel the boat was unsafe

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Nov 1, 2017

If your husband was employed on a vessel, he is entitled to maintenance, which is the amount of money that he needs to live (ie, shelter food), while he recovers, as well as Cure, which is the payment of his medical bills, and if there was a dangerous condition aboard a ship, he can sue under the general maritime law doctrine of unseaworthiness. There are a lot of maritime standards which are published by the American Society for Material and Standards (ASTM) which apply to ships. If the...
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Q: I am in Canada does the class action re. The cruise lines and calling regarding the trip stilll apply. Also oxycontin ..

1 Answer | Asked in Admiralty / Maritime, Personal Injury, Intellectual Property and Internet Law on
Answered on Oct 31, 2017

No reason you can't join but the class will have it's definition of who is included. Contact the attorneys and ask them.
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Q: I need help with my birth certificate and certificate of live birth

1 Answer | Asked in Estate Planning, Admiralty / Maritime and Family Law for Ohio on
Answered on Oct 17, 2017

A Certificate of Live Birth is just the 'full' name of what most people call a 'birth certificate, and many states have slightly different names for the same document.

The state where you were born has the record, and you can get a copy from that state's bureau of vital statistics (or whatever that department is called in your state -- again, the terminology may be slightly different). You DO have to prove who you are however, as birth records are NOT public documents, and are far too...
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Q: How does a seaman sue his employer for the unseaworthiness of the vessel?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Oct 13, 2017

Typically, a complaint must be filed in federal court under the general maritime law. More information, on the Jones Act and the General Maritime Law Doctrine of unseaworthiness can be found at
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Q: I was recently injured while working on a shipping vessel. How soon do I need to sue my boss?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Sep 24, 2017

It depends on how serious your injuries are and whether they are paying your maintenance
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Q: My houseboat sank in a private marina during Hurricane Irma, What is my obligation as far as removal is concerned.

1 Answer | Asked in Admiralty / Maritime and Consumer Law for Florida on
Answered on Sep 16, 2017

You have the obligation to remove it. For specifics refer to your agreement with the marina.
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Q: How does a state have standing to bring a bill of indictment, without corpus delecti evidence?

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Admiralty / Maritime for Georgia on
Answered on Sep 7, 2017

Since 1972 in Georgia, corpus delicti has been allowed to be proven by circumstantial evidence. Go to trial, and see how the case comes out.
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Q: I completed my work offshore on a vessel three weeks ago, and I still have not been paid. What can I do?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Sep 1, 2017

If your vessel went to a foreign port, there is a penalty wage statute, which gives you double wages for every date that they are not paid.
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Q: What is the statute of limitations under the Jones Act for injuries at sea?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Jul 20, 2017

With certain exceptions for government owned vessels, it is three years.
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Q: If I'm seriously injured while working at sea, can my spouse file a loss of consortium claim?

2 Answers | Asked in Admiralty / Maritime, Personal Injury and Workers' Compensation for New York on
Answered on Jul 13, 2017

You want to speak with a lawyer who is a member of the NYState Trial Lawyers Assn--that handles maritime/Jones Act cases; they give free consults. No is the short answer to your question.
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Q: What does international waters mean and how would it affect a personal injury claim if I'm injured outside of a

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Jun 21, 2017

Where is the port of call of the ship on which you were injured? International waters are in between the property boundaries of countries, i.e., no man's land. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, I practice law in CA, NY, MA, and DC in the...
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Q: Are cruise ships subject to admiralty law if I get injured on one?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Jun 6, 2017

Yes. Call me if you would like to discuss the facts of your case. 305-371-6000. You can also email me the details at
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Q: What are international waters? Can I just pick a country to file an injury claim in if I'm injured in them?

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on Jun 2, 2017

No, I believe you would file a claim in the country in which the ocean vessel (assuming there is a vessel involved) is registered.
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