Maritime Injury Resources
Maritime law offers protection to individuals working or engaging in recreational activities on or near navigable waters. This includes a wide range of scenarios, from workplace injuries involving stevedores and longshoremen to recreational boating and jet ski accidents.
At Tobias Comer Law, we are dedicated to assisting maritime workers and individuals injured in water-related activities by navigating the complexities of maritime law to secure the compensation they deserve.
Maritime Injuries On The Job
Tobias Comer Law provides legal resources and representation for longshoremen, stevedores, and seamen injured on the job, including information on the Longshore and Harbor Workers' Compensation Act (LHWCA) and the Jones Act.
Anyone such as a deckhand, mate, or any other job that aids in the navigation of a vessel has important rights arising from their status as seamen. We are experienced maritime injury lawyers who have handled these types of cases for years.
A seaman who suffers injury or death in the service of a ship has three important remedies against his employer: (1) maintenance and cure; (2) a cause of action for unseaworthiness of the vessel; and (3) a cause of action for negligence under the Jones Act, 46 U.S.C. § 688.
All three remedies are unique to seamen, no other worker in our society can invoke such powerful relief in the event of an industrial accident.
Maintenance & Cure
The maintenance and cure obligation is ancient. Maintenance is the right of a seaman to food and lodging if he falls ill or becomes injured while in the service of the ship. Cure is the right to necessary medical services. Both extend to the point of maximum recovery.
To claim a ship is unseaworthy, one must show their injury was caused by the ship or its equipment being faulty. It's not about someone being careless; it's about the ship not being fit for use, which is a strict standard.
This includes the ship's body, machinery, tools, ropes, and even the crew's supplies like food and clothing. The way cargo is stored and its containers are also considered, but not the cargo itself. If the crew is not up to par, or if the ship lacks necessary equipment or sails in very rough seas, it might be unseaworthy.
Whether a ship is unseaworthy is decided based on the details of each case, and the injury must be directly caused by the ship's condition.
Congress enacted the Jones Act in 1920. In relevant part, the Jones Act provides that:
Any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States modifying or extending the common law right or remedy in cases of personal injury to railway employees shall apply…
The standard of causation in a Jones Act case is unique. The plaintiff may recover if, under the facts, the negligence of the defendant played any part, even the slightest, in producing the injury or death for which damages are sought.
Call our maritime injury lawyers in Mobile, Alabama right away if you are an injured seaman to find out your best course of action.
Recreational Boat & Jet Ski Injuries
If you're hurt in a boating accident, it's important to get legal help to see if you can get compensation, especially if the accident was someone else's fault.
Boating Safety Tips
- Always make sure your boat is safe and has the right equipment before going out
- Taking a boating safety class is a good idea too.
- Be careful of other boats and people in the water, and don't drink alcohol while boating.
- Everyone should wear a life jacket.
If you've been involved in an accident caused by someone's carelessness or a boat defect, you might be able to sue for damages.
Boat & Jet Ski Injuries
If you're injured in a boating or jet ski accident, you might be entitled to compensation, especially if the accident was caused by someone else's negligence or a defective watercraft.
It's crucial to consult with one of our Mobile, AL boating injury attorneys to discuss your case.
Boating and jet ski accidents can often result from inexperience, reckless operation, or maintenance failures. Serious injuries can occur, including brain injuries and fractures.
Contact our attorneys today for a consultation on your case!
Frequently Asked Questions
- What legal protections do maritime workers have? Maritime workers, including seamen and longshoremen, are protected under specific laws like the LHWCA and the Jones Act, which provide compensation for work-related injuries and outline the ability to pursue claims against negligent parties.
- Can I seek compensation if injured in a boating or jet ski accident? Yes, if your injury resulted from someone else's negligence or a defect in the watercraft, you might be entitled to compensation. It's crucial to consult with a maritime injury lawyer to explore your legal options.
- What should I do immediately following a maritime injury? Seek medical attention, report the injury to the appropriate authorities or employer, document the scene and your injuries, and contact a maritime injury attorney to understand your rights and next steps.
- How do I know if my injury qualifies under maritime law? Maritime law typically covers injuries occurring on navigable waters or related to maritime employment. Consulting with a specialized attorney can help determine if your case falls under maritime jurisdiction.