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Admiralty / Maritime Questions & Answers
2 Answers | Asked in Admiralty / Maritime for New York on
Q: If I am injured within the ocean borders of another country but the vessel I was on is owned by someone in New York,

what law applies to my injury claim?

Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Mar 24, 2018

The US general maritime law

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1 Answer | Asked in Admiralty / Maritime for Texas on
Q: Do offshore workers get workers comp?
Joseph S. Stacey
PREMIUM
Joseph S. Stacey
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,... View More

2 Answers | Asked in Admiralty / Maritime and Personal Injury for Florida on
Q: I was on a Norwegian cruise and got hurt on their island, in an area that had no signs posted swim at your own risk.

I ended up having to go back to the ship to have my injury seen by a doctor. I only signed a document for treatment, I did not sign for the Medical Services Bill that state I will not hold them liable and that I will accept paying the bill. They are now trying to send me to collections. What can... View More

Gordon Charles Webb
PREMIUM
Gordon Charles Webb pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 12, 2018

You most likely will need to sue them in Florida. Typically you must send them a Notice of Claim letter within 6 months of the incident and then file suit within one year of the incident. So best you consult with a Florida lawyer ASAP.

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2 Answers | Asked in Admiralty / Maritime for New York on
Q: What can you do to get compensation if you get hurt working on a cruise ship?
Joseph S. Stacey
PREMIUM
Joseph S. Stacey
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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1 Answer | Asked in Admiralty / Maritime for Texas on
Q: Is there a special workers comp law if you're injured while working at sea?
Joseph S. Stacey
PREMIUM
Joseph S. Stacey
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).

1 Answer | Asked in Admiralty / Maritime and Immigration Law for New Jersey on
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
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

1 Answer | Asked in Admiralty / Maritime for Texas on
Q: What law enforcement agency has jurisdiction over criminal activity at sea?
Nicholas I. Gerson
PREMIUM
Nicholas I. Gerson
answered on Jan 2, 2018

Generally the FBI and local port authority.

1 Answer | Asked in Admiralty / Maritime and Criminal Law for Ohio on
Q: What does it mean when a person is indicted for theft and there is no discovery or nothing in the discovery?

Can a case be dismissed for due process violations such as being questioned by police without

Miranda warning no affidavit bye the person claiming harm no discovery and excessive bail without having a trial by jury and being harmed under color of law?

Matthew Williams
Matthew Williams
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...
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1 Answer | Asked in Admiralty / Maritime for New York on
Q: Does maritime law govern personal injury lawsuits related to boat accidents at sea?
Michael H. Joseph
PREMIUM
Michael H. Joseph
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... View More

1 Answer | Asked in Admiralty / Maritime for New York on
Q: My husband was injured on the job - we feel the boat was unsafe

-- is there some place to go to look up standards for this?

Michael H. Joseph
PREMIUM
Michael H. Joseph
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... View More

1 Answer | Asked in Admiralty / Maritime, Personal Injury, Intellectual Property and Internet Law on
Q: I am in Canada does the class action re. The cruise lines and calling regarding the trip stilll apply. Also oxycontin ..
Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Estate Planning, Admiralty / Maritime and Family Law for Ohio on
Q: I need help with my birth certificate and certificate of live birth

I heard that a "certificate of live birth" is different than a "birth certificate". From my understanding you get your "bc" from your "colb". So they are different. Do I need a lawyer to retrieve mines? Thanks for any help

Kenneth V Zichi
Kenneth V Zichi
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...
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1 Answer | Asked in Admiralty / Maritime for New York on
Q: How does a seaman sue his employer for the unseaworthiness of the vessel?
Michael H. Joseph
PREMIUM
Michael H. Joseph
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

https://www.newyorktriallawyers.org/accidents-at-sea/

1 Answer | Asked in Admiralty / Maritime for New York on
Q: I was recently injured while working on a shipping vessel. How soon do I need to sue my boss?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Sep 24, 2017

It depends on how serious your injuries are and whether they are paying your maintenance

1 Answer | Asked in Admiralty / Maritime and Consumer Law for Florida on
Q: My houseboat sank in a private marina during Hurricane Irma, What is my obligation as far as removal is concerned.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 16, 2017

You have the obligation to remove it. For specifics refer to your agreement with the marina.

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Admiralty / Maritime for Georgia on
Q: How does a state have standing to bring a bill of indictment, without corpus delecti evidence?

The state prosecutor is not constitutionally permitted to bring charges of an invasion of rights allegedly suffered by a third party not before the court. He must claim an actual injury of harm directed at himself. This requires proof of an intentional invasion of a protected legal right caused by... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Admiralty / Maritime for New York on
Q: I completed my work offshore on a vessel three weeks ago, and I still have not been paid. What can I do?
Michael H. Joseph
PREMIUM
Michael H. Joseph
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.

3 Answers | Asked in Admiralty / Maritime for New York on
Q: What is the statute of limitations under the Jones Act for injuries at sea?
Tim Akpinar
Tim Akpinar
answered on Sep 7, 2018

The statute of limitations for Jones Act cases is generally three years. This is a general answer and there are exceptions. If you are inquiring beyond learning general information, and you were in fact injured aboard a vessel, you should immediately consult with a attorney who is knowledgeable in... View More

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2 Answers | Asked in Admiralty / Maritime, Personal Injury and Workers' Compensation for New York on
Q: If I'm seriously injured while working at sea, can my spouse file a loss of consortium claim?
Peter N. Munsing
Peter N. Munsing
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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1 Answer | Asked in Admiralty / Maritime for New York on
Q: What does international waters mean and how would it affect a personal injury claim if I'm injured outside of a

country's maritime boundaries?

Ali Shahrestani,
Ali Shahrestani,
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... View More

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