Uniquely Qualified To Handle Seamen And Crew Member Injury Claims
As an injured seaman or crew member, you will be facing a challenging legal battle to obtain the compensation you need. Maritime and Jones Act law is extremely complicated and fact-specific. If you have been injured or a loved one has been killed, the most important thing you can do is call an experienced maritime attorney who can help you.
At Munch and Munch, P.A., in Tampa, our Florida lawyers know how to handle these claims. In fact, our lead attorney, Jacob Munch, is extremely qualified in these matters. In addition to having decades of legal experience, he worked as a Merchant Marine officer licensed by the United States Coast Guard. Our legal team is uniquely qualified and experienced in protecting the rights and claims of seamen and crew members who are not being paid the benefits that they are entitled to by law.
Maintenance And Cure
Maintenance and cure refers to the type of compensation benefits an injured seaman or crew member is entitled to receive. Anytime a crew member or seaman becomes injured or ill while subject to the service of the vessel, they are entitled by law to a per diem living allowance (maintenance) and payment for medical care and the costs associated therewith (cure).
This duty to pay maintenance and cure is dependent upon whether the injured crew member qualifies for Jones Act seaman status. The injury or illness need not arise out of the seaman’s work; even a prior illness or injury may be eligible for maintenance and cure. A ship owner is required to pay these benefits following an employee’s shipboard injury, illness or accident, regardless of fault. Additionally, an employer’s willful failure to pay a seaman their maintenance and cure may result in an award of punitive (punishment) damages against the employer.
How Jones Act Negligence Claims Help Injured Seamen
The Jones Act is a federal law that allows injured maritime workers to pursue compensation when their employer’s negligence caused or contributed to their injury in any way. Unlike standard workers’ compensation systems, the Jones Act gives seamen the right to file a lawsuit directly against their employer.
It is critical to note that a Jones Act negligence claim places a very low burden of proof (commonly called “featherweight”) on the injured seaman. Even the smallest negligence on the employer’s part can support a claim if it contributed to the injury. Common examples include:
- Failure to maintain safe equipment or repair known hazards
- Inadequate training or supervision of crew members
- Understaffing that leads to unsafe working conditions
- Ignoring safety regulations or industry standards
To succeed in a Jones Act negligence claim, the injured worker must show that the employer breached a duty of care and that this breach contributed to the injury. Damages may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Future loss of earning capacity.
Because these cases involve federal maritime law and strict procedural requirements, experienced legal representation is critical. We can gather evidence, secure expert testimony and help ensure deadlines are met to protect the worker’s right to full compensation.
Unseaworthiness Claims: What Injured Workers Need To Know
An unseaworthiness claim is separate from a negligence claim. It focuses on the condition of the vessel itself rather than the employer’s conduct. Under maritime law, vessel owners have an absolute duty to provide a seaworthy vessel that is reasonably fit for its intended purpose.
A vessel may be considered unseaworthy if there is:
- Defective or poorly maintained equipment
- Unsafe methods of operation
- An unfit or improperly trained crew member
- Hazardous conditions on deck or below
Unlike Jones Act claims, unseaworthiness does not require proof of negligence. If the vessel or its equipment was not reasonably safe and that condition caused injury, the owner can be held liable.
It is crucial to understand the distinction between unseaworthiness and negligence, as both may apply in the same case. An attorney can evaluate the facts and determine which legal avenues provide the strongest path to recovery.
Federal law prohibits employers from firing, demoting or otherwise punishing a worker for asserting their rights under maritime statutes. If retaliation occurs, additional legal remedies may be available. Working with a knowledgeable maritime attorney helps ensure all potential claims are properly identified and pursued.
Contact Us Today For A Free Consultation
These claims are complicated, but we can help you. We understand the challenges that you are facing and how important your benefits can be. Call us at 888-976-3759 or contact us online to schedule a free consultation.