Anchorage Maritime Attorney
If you were injured in a maritime accident, our Anchorage maritime attorney
can help you get restitution for your injuries. Often offshore rigging
accidents and other maritime related accidents leave their victims with
life-altering, even fatal injuries. After facing a tragedy like this,
get an experienced
Anchorage maritime attorney to fight for your rights.
Why Choose Us?
Maritime law classifies workers into two basic types of maritime workers:
seaman and everyone else who works on or near the water. This classification
is important because depending on which classification you are, affects
what type of compensation you can receive.
Who is a Seaman?
A seaman is someone who spends a significant amount of time working a crewmember
on a vessel that is in navigation. The legal definition for in navigation
requires the vessel to be afloat, in operation, capable of moving and
on navigable waters. Navigable waters mean the body of water has to be
capable of being used for interstate or foreign commerce.
What Compensation Are Injured Seamen Entitled To?
While most employees are entitled to workers’ compensation benefits
under state and federal law, injured seamen are not. Instead, they are
entitled to three separate types of compensation.
- The Jones Act
- Maintenance and Cure
The Jones Act
The Jones Act was established as a means for seamen and women have established
rights should they ever get injured on the job. The Jones Act, also called
the Maritime Marine Act of 1920, states that any seaman who suffers a
personal injury while in the course of his or her employment may maintain
an action for damages against the shipowner, captain or other members
of the crew. The Jones act covers vessels out at sea or oil rig employees
working on float over rigs, jack-up rigs or the tug boats pulling them.
Maintenance and Cure
This aspect of Maritime Law requires maritime employers to provide car
for an injured seamen regardless of who is at fault for the injury. In
legal terms, maintenance means the room and board of an injured seamen
while they recover. In today’s world, this includes rent, mortgage,
utilities, property taxes, homeowners’ insurance and food. Cure
is the injured seamen’s medical expenses. An employer must pay the
seamen’s expenses until he is healed.
Much like an employer on land is required to maintain a safe working environment
for their employees to perform their regular working duties, an employer
operating a vessel is required to provide their seamen with safe and suitable
appliances with which to perform their work on the ship. The only difference
is unseaworthiness has nothing to do with negligence. An owner of the
vessel can be liable for an unseaworthy vessel even if they acted reasonably.
For those who are not considered seamen, the Longshore and Harbor Workers’
Compensation Act is a federal workers’ compensation act that governs
compensations for maritime workers. The Longshore Act provides temporary
today disability benefits at 66 2/3% of what the worker made. This act
also provides coverage for permanent partial disability.
Injured at Sea?
If sustained an injury while at sea, you could be eligible to receive compensation
for your injuries. While we understand financial recovery cannot heal
your injuries, it can help you move forward after a traumatic injury left
you out of work for a period of time. At Power and Brown, LLC we are deeply
invested in providing client-focused legal services. If you are looking
for a dedicated legal advocate who can fight tirelessly for you, look
no further than Power and Brown, LLC.
Schedule your free consultation