Timur Akpinar's answer 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.
Timur Akpinar's answer The U.S. Coast Guard, Office of Commercial Vessel Compliance should be able to provide direction here. OSHA also provides information under the Seaman's Protection Act - https://www.osha.gov/Publications/OSHA3762.pdf.
Timur Akpinar's answer In general, reputable employers will take steps to arrange for maintenance payments soon after a preliminary investigation is able to verify the facts of an accident/injury. Maintenance is generally paid until the employee reaches maximum medical improvement. Some court decisions use similar terms for the milestone, such as “maximum recovery.”
Timur Akpinar's answer 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 this area. There are exceptions to the general three year-statute of limitations. Further, a claimant must satisfy certain conditions to be considered a Jones Act seaman. If you were injured aboard a...
Gordon Charles Webb's answer It depends on a lot of things, for example was your employer at fault, are they properly paying your maintenance and cure, was the other vessel at fault. These and other questions need to discussed with a maritime lawyer.
Michael A. Winkleman's answer It depends. It doesn't really matter whether the shipowner is a US citizen, what matters is how much contact the boat has with the US or any particular state, in order to determine whether there is jurisdiction.
Michael A. Winkleman's answer They are practically the same thing. If a death occurs on the high seas you must file a lawsuit under the death on the high seas act. There are very few exceptions to this.
Joseph S. Stacey's answer Are you a "passenger" on a cruise ship? Most often, a passenger's personal injury case is governed by a one year statute of limitation. A "seaman" has a three year statute of limitation.
Joseph S. Stacey's answer 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...
Joseph S. Stacey's answer 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).
Nicholas I. Gerson's answer The answer to your question is probably not. In maritime law cases, such as cruise ship accidents and injuries many cruise lines require claims brought in certain jurisdictions like federal court in Miami Florida. Maritime law also is a complete different body of law as opposed to state law. You need a lawyer who specializes in that area.
If you have any questions, you can email my office about your case at firstname.lastname@example.org with more specifics about your case. My firm specializes in...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.