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Maritime Injuries

Maritime Injuries

There are a number of laws that can affect the outcomes in maritime injury cases.

Personal injury under the Jones Act

The Merchant Marine Act of 1920, also known as the Jones Act, provides remedies for seamen who are injured on the job. 

An injured or ill seaman is guaranteed all wages through the end of the voyage. During the voyage and through the recovery period, the injured seaman should receive maintenance and cure until reaching maximum medical improvement. Maintenance includes rent or mortgage payments, utility expenses, and food costs. Cure includes all necessary medical treatment, equipment and supplies as well as medications for the original condition or any secondary condition. Maximum medical improvement means that the condition is no longer changing or improving and all treatment is to offer comfort.

 

Death on the High Seas Act (DOHSA)

Federal law provides financial recovery for the families of seamen and aviators who are killed in international waters, and provides continuation of expected future earnings to surviving spouses and children. DOHSA applies to:

  • Wrongful deaths on vessels more than three nautical miles offshore
  • Wrongful deaths on aircraft more than 12 nautical miles offshore

 

The Longshore and Harbor Workers’ Compensation Act (LHWCA)

This provides for employees who are injured while working, or have illnesses that are caused or worsened by their work conditions. Many types of workers are covered, including:

  • Employees on American defense bases
  • Longshoremen
  • Harbor workers
  • Outer continental shelf drillers
  • U.S. government contractors outside of the continental United States

 

Relief provided under the LHWCA includes:

  • Medical benefits
  • Compensation for lost wages
  • Rehabilitation services

 

If you have been injured while working in one of these occupations, you need an experienced maritime law attorney. Scott Brann has worked as an attorney in maritime law since the earliest days of his career in the admiralty department of Fulbright & Jaworski. He handles all types of personal injury and wrongful death cases in this highly specialized field. 

Contact us today for a free case review.