Getting Compensation for Offshore Injuries

Maritime workers

Offshore maritime jobs are some of the most dangerous in the world. The nature of the environment where oil rigs, large fishing vessels, natural gas wells and other facilities are found is often harsh. For this reason, maritime workers face the risk of getting serious injuries or even die while on duty due to faulty equipment, negligence by fellow workers, failure by employers to provide safety gear and not so ideal working conditions. When offshore equipment are not properly serviced and proper safety measures put in place, offshore injuries are always imminent.

Common accidents and offshore injuries

Improper equipment upkeep, unsafe working conditions and lack of ideal safety standards can lead to deadly explosions, raging fires, and blowout catastrophes. Not every offshore accident has to be major to cause injuries. Other incidents other than explosions and platform sinking can result is fatalities and serious injuries. They include: overboard fall, exposure to toxic chemicals, fumes and extreme temperatures, being hit by falling objects or cranes as well as trips and slips. Seamen and workers may suffer burns, multiple broken bones, trauma, scarring, nasty lacerations and compression injuries related to spinal cord. These accidents may lead to permanent disability, loss of limbs and damage to the lungs.

Understanding your offshore rights

Maritime workers often get pushed to return to work before full recovery and also to reduce the liability of the company in your claim. It’s therefore wise to know your rights in case you are injured while working offshore. While Injuries can happen even in perfect weather conditions, negligence is still a problem. The matter is even worse since medical facilities are not located anywhere close. In case of any injury, you have the rights to an attorney, independent medical attention, right to not talk as well as right to recover and have your medical bills paid.

Seeking compensation

You going to need the services of an offshore injury attorney. In your injury claim, the maritime law will guide your proceedings through the Jones Act and the Long shore and Harbor Worker’s Compensation Act. In most cases, you are going to sue for compensation for injuries due to negligence. For this reason, you want an attorney who has sound knowledge and experience to litigate on behalf of you. A typical compensation should cover all your medical bills, loss of income and legal fee. On that count, an attorney should not charge you any upfront fees and should therefore offer no claim – no fee option.

Safety at Sea: You can get Compensation if you are injured at the Sea

liferaftsSafety at sea is the duty of everyone from the boat owner to the operator and those on board. The owner of the boat is supposed to ensure that the boat is in good working condition and has all the necessary safety equipment. The boat should have all the necessary safety equipment even if you are only going for a few miles as no one knows when an accident can occur. Some of the safety equipment that should be in a boat includes life jackets, VHF radio, first aid kit, fire safety, a full set of flares, and liferafts among others.

In addition to being available, the equipment should be properly working and adequate for all people on board especially lifejackets. The people on board should also be well briefed on safety at sea procedures including where to find life jackets, how to use them and when to use them. The operator should demonstrate the proper use of the safety equipment including flares and mayday calls. Furthermore, all parties involved should be briefed on how to handle emergencies in case they happen as well as the key actions to take. The boat owner should also ensure that emergency contacts are properly displayed.

If you have been unfortunate to suffer an injury at the sea, you may qualify for damages if you can prove negligence on the part of the boat owner or the operator. A Houston maritime lawyer with direct proven record in maritime law will be able to help you understand your rights according to the maritime law as well as help you start a lawsuit against the owner, employer, or operator of the involved vessel. It is also important to note that an injury at the sea is different and a bit more complicated than injuries on land and at work and hence, the need to use an experienced maritime lawyer.

To increase your chances of getting damages, the attorney will start by gathering all the important information regarding your lawsuit. The information will range from the origin of the vessel to the nationality of waters where the accident happened, the seaworthiness of the boat, and negligence on the part of the operator or employees among other likely scenarios. The attorney will also evaluate the agreement you had with the firm to find loopholes that can make your case stronger.

Conclusion

If you have been injured at the sea, you may be entitled to compensation for time lost, utilities, rent, and medical bills among others. However, you should file your lawsuit as soon as possible as there are limitations on when you can a file.

Obtaining Justice for Cases Involving Personal Injury at Sea

One of the most dangerous professions is seafaring. There are many risks in any marine environment. Thus, the likelihood of personal injury at sea is very high. In case of death or injury caused by the negligence of another person, there is the need for a personal injury lawyer. Such a professional will enforce the rights of the injured or dead party.

Personal Injury at Sea

Ships, cruise lines, and boats have insurance cover. Third party and comprehensive insurance covers are necessary. These cover passengers as well as third parties. Thus, in the event of an accident, one should know that there is a policy that will pay for hospital costs. An injured person will also need to receive a fair compensation.

The first step after an accident is to report the incident to the nearest law enforcement agency. If possible, one should take photos as they can serve as admissible evidence in a court of law. There is also need to contact a personal injury lawyer as soon as possible. Even if one does not have the contacts of an injury lawyer, he should contact any lawyer who he knows and that lawyer will make the necessary connections.

No sum of money can compensate for a dead person. However, the person killed at sea might have left behind dependants. Those people will need food, shelter, clothing, health care, and education among other needs. All those needs will require money yet they might not have any source of income.

A personal injury attorney will make sure that dependants get fair compensation from the insurance company. He will fight for the rights of the dependants in a court of law. An experienced attorney will present his arguments in a very enticing manner that will convince the judge and the jury.

Court action is not the only alternative. In fact, the best option is to negotiate with the insurance company. The lawyer will handle the negotiation process. An attorney will act in the best interests of his client. He will ensure that the injured party gets a reasonable compensation.

A person who has suffered injuries at sea might become permanently disabled. Therefore, he will not be able to work and earn an income. That fact requires serious consideration when determining the compensation amount.

The lawyer is in the business of facilitating justice. Anybody who is a victim of personal injury at sea deserves justice. It is not enough to get justice. What one needs is timely justice. A competent lawyer will act in a timely and diligent manner to facilitate a good legal outcome.

What You Should Know About maritime law

lawyermaritime law, also known as admiralty law, addresses questions and offenses that relate to the domestic and international usage of the open waters. It fuses domestic law with private international law, and it comprises of treaties, laws and conventions. The law creates governance on international private business and issues that pertains to ships, shipping and crimes that happen on the waters.

Nature of the law

The law that governs maritime activities stands separate from national laws since it has different jurisdiction and codes from the national ones. The United Nations has in place a treaty that lists down the rules and conventions that make up the admiralty law. Through International Maritime Organization, the UN has set several conventions that coast guards and navies from member countries to the treaty can enforce.

Scope

The admiralty law offers oversight on insurance claims that arise from ship and cargo matters as well as civil matters between seamen, passengers and ship owners. Additionally, the law regulates the licensing registration and inspection of ships and contracting of shipping services, insurance and transportation of passengers and goods. Essentially, the law covers all shipping activities and matters that arise from the activities.

IMO Conventions

The International Maritime authority came to life in 1958, and it has a responsibility of updating the existing conventions, and creating new ones when a need rises. The conventions fundamentally address safety on the open waters, and prevention of pollution from vessels. It also takes into consideration training, certification and watch-keeping for seafarers. One of the factors that necessitate an updating of the conventions is the advancement of business practices and technology.

Enforcement

The governments of member countries to the IMO treaty have a mandate to enforce the conventions. Local governments provide oversight on their own ships, and penalize the ships that infringe the conventions. Sometimes ships should have a certificate on-board that denotes confirmations to the set maritime standards and inspection requirements.

Nationality of Ships

Registration of a ship determines its nationality. However, some ship owners take advantage of tax leniency in other countries and register their ship from those countries. Such a registry carries a tag “flags of convenience”.

Conclusion

maritime law vests ship owners and passengers or workers with some responsibilities that focuses of their own being and the liability of the owner. It creates guidelines on the role of all stakeholders during a shipping activity. It also addresses the obligations of the stakeholders during a court case.

Boat Safety Laws Are Just As Important As Automobile Laws

Boat Safety Laws

Boat safety is something that is of the utmost importance for sea travel. Most people who are engaged in commercial shipping activities using large shipping vessels have a good understanding of how important proper safety on a boat is; but this knowledge doesn’t normally seem to pass on to people who use boats strictly for recreational activities. People who use boats for recreational uses tend to treat them like a temporary home on the sea that they can do whatever they want with. What most people do not seem to realize is that boat safety laws should be respected the same way automobile laws are.

Automobiles need to be inspected on a regular basis to make sure that they are in proper working condition to be on roads. Before a person takes a boat out for use they need to apply the same inspection rules to the boat they are using. Many people have been stranded at sea because of boating issues that were building up for a longtime that could have been fixed without much difficulty if the problems were tackled early. Boats wear down the same way that automobiles do, so they need to be looked after the same way.

In addition to having a boat in proper mechanical condition, anybody who wants to use a boat also needs to make sure that know the operation laws for the area where they want to use their boat at. Different boating areas sometimes have different restrictions from other areas; and some boating areas do not have any restrictions at all. Boating restrictions can range from everything from regulations on boat size to minimum age requirements for boat operation. Some places have regulations in place that require people to have lights on their boats; and other places have regulations that require people to have licenses in order for their boats to be on the water; and the licenses can have different variations for different kinds of activities. These regulations are in place for either human or environmental safety reasons depending on where a person is boating at; disobeying a regulation can lead to fines and boating restrictions, so they are best not to be ignored.

There can be many different types of boating laws, but luckily they are all relatively easy to obey, and nobody has to be worried about being questioned by law enforcement because of most of them. The only time a person will really have to worry about being inspected by law enforcement on a recreational boat is if they are perceived to be violent, drunk, smuggling illegal items, or excessively fishing in an area with fishing restrictions.