Maritime Admiralty Lawyers

At Morgan & Morgan, our Orlando admiralty and maritime lawyers understand that offshore workers often face dangerous work conditions, and the constant threat of injury presented as a result. Injuries sustained offshore or aboard a vessel can be severe, and place tremendous emotional and financial burdens on the injured party and their family. Our Orlando attorneys are dedicated to helping ease this burden by pursuing all possible avenues for compensation. We handle claims involving the following: violations of the Jones Act; violations of The Longshore and Harbor Workers Compensation Act; denial of rightful compensation; denial of benefits for injuries; maintenance and cure issues; and wrongful death.

If you or a loved one was injured while at sea or aboard a vessel, you may have legal recourse to collect compensation for your losses under Florida, federal, or international waters law. If you believe you may have a maritime injury claim, please fill out our free case evaluation form today. Our Orlando admiralty attorneys will review your claim at no cost and with no obligation to you.

Who Can File a Claim for Maritime Injuries?

An individual who suffers an injury while working offshore or aboard a vessel may be able to file a workers’ compensation or negligence claim:

Workers Compensation Claims: An injured individual can file a workers’ compensation claim under Florida or federal law to receive benefits, including medical treatment.

Negligence Claims: Alternatively, the aggrieved can file a claim against an employer, third party, or boating insurance company. To prevail, the plaintiff will have to prove a negligent act of another led to their injuries. In Florida, to prove negligence, the plaintiff must show that:

• The accused owed the plaintiff a duty of care;
• That duty of care was breached;
• The accused person’s negligence was the cause of the accident; and
• Injuries were sustained as a result.

Evidence that may be helpful in proving negligence include: photographs of the injury or property damage; videos or photographs of the scene of the accident; eyewitness statements/testimony; and police reports. Contacting an experienced Orlando maritime and admiralty attorney can help an individual understand their rights under federal, Florida state, and international waters laws, and collect the documentation needed to file a successful claim.

What is The Jones Act and How Can a Lawyer Help Me File a Claim?

Even if they are employed in a notoriously dangerous occupation, workers are entitled to a reasonably safe working environment. Before the Jones Act was enacted, sailors and seamen had limited avenues of recourse for injuries sustained at sea. In response to national concern about the health of sailors and crew members, the Jones Act expanded on existing protective clauses under maritime law. It now provides a cause of action in negligence for ‘any seaman’ injured ‘in the course of his employment,’ so long as the vessel was in navigation at the time of injury.

Under the Jones Act, seamen are entitled to immediate medical treatment as a result of the injury or disease

Under the Jones Act, seamen are entitled to immediate medical treatment as a result of the injury or disease, as well as maintenance and cure, regardless of fault. Relief and benefits under the Jones Act are available to any seaman who spends at least 30% of their time aboard a Merchant Marine vessel.

Workers are permitted to file a claim against a negligent employer or the vessel's owner alleging that the vessel was not seaworthy. Claims that may not be covered by the Jones Act can be brought against a third party who may have contributed to the injury or disease.

By law, claims filed under the Jones Act must be brought within a certain amount of time after the injury, and the injured party must prove that the other party was at fault for the injury. Damages for both past and future economic and non-economic losses may be recovered as a result of the vessel’s unseaworthiness.

Enlisting the help of an experienced Florida attorney who is well-versed in the Jones Act may be able to make the process of filing a claim less stressful, especially when the injury requires a substantial amount of the claimant’s time and attention. Collecting evidence, taking witness statements, and preparing a claim can be a difficult task, and having an Orlando attorney who is familiar with admiralty and maritime law can make a difference in the final outcome of the case.

What Is Unseaworthiness?

The owner of a vessel has an absolute duty to provide a seaworthy vessel for use.  A vessel is seaworthy if “it is reasonably fit for its intended use, is equipped with appropriate equipment and safety gear, has a competent crew, and is a safe place to live and work.”  A seaworthy vessel can become unseaworthy should a dangerous situation develop offshore. The vessel's owners may be held liable for any injuries resulting from the ship's unseaworthiness.

Maintenance and Cure

Maintenance and Cure is legally available to any seaman injured on a vessel during the scope of their employment.

Maintenance requires the employer to provide a daily allowance covering living expenses incurred while the seaman is ashore and unable to work. Courts have stated that the allotment must be sufficient to cover the costs of basic necessities for survival including “rent, utilities, transportation cost, food, and more.” It is the duty of employers to provide this allowance until the worker is fit for duty or has reached maximum medical improvement. If an employer fails to provide an adequate allowance, the injured seaman may have legal recourse.

Cure requires the employer to provide payment for appropriate medical care such as: hospitalization, medication, diagnostic tests, physical therapy, rehabilitation, and all other reasonable and necessary medical needs until the seaman fully recovers.  Employers who fail to provide medical treatment may be held liable if the injury or disease worsens.

Maintenance and Cure claims are often brought in conjunction with Jones Act claims.

Longshore and Harbor Workers’ Compensation Act

The Longshore and Harbor Workers Compensation Act (LHWCA) is a federal workers’ compensation program which provides employment-injury and occupational-disease protection to all qualified longshoremen and harbor workers.  If a maritime worker is injured on the job, or if the injuries had a “traditional relationship to maritime employment,” they may be eligible for relief.

Coverage

• Maritime workers engaged in the longshore operations; harbor work; loading and unloading vessels; building or repairing vessels; or general maritime construction are protected under the Act.
• Maritime workers engaged in loading, unloading, or repairing a vessel less than 18 tons; government employees; clerical staff; and marina employees not involved in the construction or expansion of the marina are not covered by the Act.

Injury Benefits

• Medical Care: Injured employees are entitled to medical treatment, supplies and services related to the injury, vocational rehabilitation, as well as travel expenses incurred by such treatment. Under the LHWCA, injured workers may receive treatment at the physician of their choice.
• Disability Compensation: The compensation awarded to a disabled worker is determined by a number of factors. The disability must be classified into: Permanent Total and Temporary Total Disability; Permanent Total and Temporary Total Disability; Permanent Partial Disability; Temporary Partial and Non-scheduled Permanent Partial Disability; and Permanent Partial Disability for Retirees. Each classification has its own regulations regarding compensation.
• Death Benefits: Family members can receive funeral costs up to $3,000. Widows can receive 50% of the employee’s weekly wages until death or remarriage. If the sole survivor, the first-born child may receive 50% of the employee’s weekly wages. Other children will receive 66 and two-thirds percent of the worker’s weekly wages, divided equally.

How Can an Attorney Help Me File a Longshore Claim in Florida?

Determining your rights under the Longshore and Harbor Workers’ Compensation Act can be a difficult process. Our experienced Florida maritime injury attorneys may be able to help by investigating the incident, collecting witness statements, and/or collecting any documents or relevant reports to help substantiate your claim.

Additionally, there are mandatory steps that an injured maritime worker must take in the beginning stages of filing a claim. Our attorneys can help streamline the process and help with any paperwork that needs to be completed.

Steps to Take If You’re Injured on the Job

If you are a maritime worker and have been injured on the job, you may be entitled to compensation for your injuries. To have an Orlando maritime attorney review your case, fill out our no cost, no obligation form today.