Accidents may happen everywhere and can cause severe injuries and fatal consequences. And in maritime activities, there is also a high risk of accidents.
If you become a victim of any accidents while working in a marine vessel, you need a maritime accident lawyer to protect your right. When you are working in any maritime activities, it’s also important that you are aware of the laws that safeguard your right.
Law for protection of maritime workers
Many of the laws that impact marine personnel are federal laws which are subject to prosecution in federal or state courts. Actuality, many marine contracts of employment provide that any legal action must be filed in the United States District Court or the King County Superior Court in Seattle. Among the most important areas of law are:
Unseaworthiness of vessels: Ship holders have an obligation of unseaworthiness under general maritime law. This necessitates the vessel owner’s provision of a vessel and equipment that are appropriate for their intended function. Unseaworthiness is constituted by a breach of the guarantee.
The Jones Act: The Jones Act, often known as the Merchant Marine Act of 1920, covers mariners who have been wounded in the workplace. Maritime workers can sue their employers under the Jones Act for any negligence caused by or traceable to them.
Maintenance and cure law: Maintenance and cure claims work in a similar way to workers’ compensation claims. Regardless of responsibility, if a marine employer is wounded in the workplace, he can claim medical costs paid and receive compensation while recovering.
Wrongful death claims: Unfortunately, some maritime employees are lost at sea, often as a result of their employers’ carelessness or the unseaworthiness of their ship. In this case, The Death on the High Seas Act enables family members to be reunited with the close ones who have been lost beyond US jurisdictional seas. The high seas, as well as territorial waterways, are governed by general maritime law.
Vessel Sinkings law:
If ships are not well-built, it can cause accidents which may result in the loss of the ship along with everyone on board. A ship must be equipped with proper safety gear in case of an accident, a severe storm, or any other catastrophe that may cause it to sink. Otherwise, the consequences can be disastrous, and the sufferers have the right to be compensated under this law.
Longshore and Harbor Workers’ Compensation Act:
Many maritime employees work on the shore or other places. The LHWCA allows safety for maritime employees who operate on docks, ports, and harbors. If these workers get injured on the job, then they can claim automatic compensation while they’re in recovery phases under this law.
Some common maritime accidents
Maritime accidents can happen in various forms and extents. The most common maritime accidents are:
Barge accidents: Every year, a large number of marine workers are critically wounded or die while working on a barge. These injuries might be a simple sprain or a serious limb injury.
Defective equipment accidents: It’s possible that the equipment used in the maritime industry has manufacturing flaws, is missing components or key safety measures or has been neglected by your marine employer or the vessel’s owner. And these defects can cause serious injuries or even death.
Deck accident: Accidents on the deck, for example, slip and fall or a deck crane disaster, can result in serious injuries and fatalities. Deck mishaps can occur for various causes, including malfunctioning equipment, and they can happen to anybody working on a deck.
Oil rig accidents: The oil rig and gas industry are one of the most accident-causing industries in the United States. The injuries experienced on an oil rig are severe and need continuous medical care.
Tugboat accidents: Though tugboats are considerably smaller than other vessels, they require a lot of gear to operate. A tugboat is frequently overloaded due to its large amount of equipment, making it commonplace for accidents.
Accident in the vessel’s engine room: engine room dysfunctions can significantly impact the rest of the ship. An accident in engine rooms can result in small bursts, a slide, or a severe explosion.
