Work Related Accidents on Commercial Marine Boats - Who Can Help?
It could take place while you're walking your dog or while you are off to work.
It can take place when you wake up and could even take place before you go to sleep.
There are some situations, however, that the probability of getting involved in an accident is higher.
One classic example is boating.
Boating accidents can be categorized into two groups - those that involve recreational vehicles such as boats, yachts, jet skis, and kayaks; and those that involve merchant seamen.
The former is usually covered by the various state and federal laws while the latter is primarily covered by the Jones Act and the Longshoremen's and Harbor Workers' Compensation Act.
The Jones Act provides a way for injured sailors to obtain damages from their employers for the negligence of the ship owner, the captain, or their fellow crew members.
This law is quite similar to the rights being experienced by railroad workers.
Those who spend about 30% of their time in active service on a Merchant Marine vessel can qualify for the Jones Act benefits.
The official title of the Jones Act is the Merchant Marine Act of 1920.
It got its present name from its sponsor, Senator Wesley Jones.
Prior to this legislative act, merchant seamen who become injured during the performance of their work had very few means by which they can claim for damages.
Since the Jones Act can be quite complicated, your best move would be to get in touch with a lawyer who has handled cases before that made use of the said legislation.
Just like the Jones Act, the Longshoremen's and Harbor Workers' Compensation Act workers with a way to secure compensation and medical care should they get injured or contract diseases while working on navigable US waters as well as areas used in loading and unloading as well as repair of vessels.
The benefits are usually paid directly by an authorized self-insured employer, through an authorized insurance carrier, or, in very rare cases, by a special fund directly monitored by the Division of Longshore and Harbor Workers' Compensation.
The Longshoremen's and Harbor Workers' Compensation Act is a federal act which generally provides for temporary compensation benefits amounting to two-thirds of his actual weekly wage while he is undergoing medical treatment.
This compensation act commonly covers cases that are otherwise not eligible under the Jones Act as well as death on the High Seas Act including, but not limited to, employees on fixed oil production platforms located on the continental shelf off the Gulf of Mexico as well as some truck drivers, forklift operators, and crane operators.