There is a requirement for employers to protect the workforce from injuries and accidents at the workplace. It is also prudent for companies to take up insurance plans to compensate workers if the inevitable happens.
The maritime industry is one of the professions with challenging and dangerous working conditions. Legislation governing compensation of maritime workers differs from other jobs. However, an offshore injury lawyer will play a critical role in the success of your claim. Insurance companies are out to make money, and they will have adjusters negotiate on the compensation. They will find ways to disqualify the claims and try to settle on minimal payment. It is the reason that maritime workers need to get expert legal advice whenever they suffer work-related injuries.
The Legislation
The federal law helps seamen get compensation for damages and loss in the line of duty. It is a law from the early 1900s that gives the right to injury compensation for maritime workers. The employees working for maritime companies will fall under different categories. There is a difference in how the seamen and other maritime workers can seek compensation due to injuries. Here is the legislation that governs claims for seamen;
Maintenance and cure
Whether the employer is at fault for the injuries or not, they need to provide care for injured crew members. The approach involves giving them a place to nurse their injuries as they recover after treatment. Workers will receive their benefits as they would typically, even though they are not working. The employer will cover the medical bills up until the employee gets back to his/her feet.
Negligence according to Jones act
It is the seamen’s right to seek compensation for injuries that result from the employer’s negligence. The grounds also include the failure for maritime companies to have adequate safety measures, and in turn, they expose their workers to dangers at the workplace. Employers will be liable for damages if they had previous knowledge about the hazards but failed to take action. It also includes; navigating through unsuitable weather conditions, substandard medical care, failure to train personnel on board, lack of supervision, and faulty machinery.
Maritime businesses may try to save money by buying low-quality items that may pose a risk to workers’ safety. The Jones Act is straightforward for experienced attorneys. Having legal experts undertake injured workers’ claims will aid in the success of compensation.
The Longshore and Harbor Workers’ Compensation Act
Other workers working at the port that does not necessarily board the sea vessels also require coverage. Such employees still have risks of injuries because of the nature of work on the docks. The Longshore and Harbor Worker’s Compensation act will cover several kinds of accidents for workers in the marine sector. It is similar to the standard employee compensation in other industries. The military also uses the legislation for civilians who work in their base.
Conclusion
Learning the rights when using water vessels as a worker or passenger is essential. It helps in lodging a claim and finding the right compensation for damages.
