Maritime and Admiralty

Our experienced maritime lawyers have handled cases throughout the Gulf of Mexico coastal region of Texas, Louisiana, Mississippi, Alabama and Florida, and represented victims of maritime accidents from all over the United States. We also routinely represent clients from the Central American countries of Honduras, El Salvador, and Nicaragua.

Time is of the Essence

If you or a member of your family has been seriously injured or killed as the result of an offshore accident, please speak to a qualified maritime lawyer before talking to your employer or any insurance company or adjuster.  If you work on a vessel, boat, barge, tanker, fishing boat, an offshore drilling rig or platform, or any other kind of ship, you may qualify for Jones Act compensation.  Working in, on, or near water means you need the specially-trained legal assistance of the maritime lawyers of Simon & Luke, L.L.P.

Helpful Tips after an Accident

A few tips for the injured offshore worker:

• Fill out an accident report or incident paperwork as soon as possible after your injury.
• If your employer gives you any paperwork to sign, have it reviewed by a competent maritime lawyer so you don’t waive your rights to more money.
• Do not give a recorded statement to anyone without first seeking legal counsel.
• Do not accept the word of a company doctor as to the extent of your injuries, seek out your own doctor for a second opinion.

While the Jones Act provides the remedies for the injured crew of a vessel, the general maritime law is the body of law that interprets how the Jones Act gets applied to each case.  The importance of this area of the law cannot be overstated and a mastery of it is required to adequately and successfully represent an injured offshore worker.  This law is court-made common law as it applies to the maritime context and in maritime cases.

General maritime law also provides additional rights and damages to seamen outside the Jones Act, and provides a basis for claims by family members of deceased maritime workers.  General maritime law further provides compensation for non-seamen injured in a maritime setting or while involved in maritime activities. Basically general maritime law encompasses the common law remedies available for maritime related incidents.

General maritime law interprets how damages can be assessed, and what constitutes contributory negligence.

Generally, speaking, the statute of limitations controlling general maritime claims is three years; but, certain circumstances (such as the location of the accident) can shorten your statute of limitations.  This is one of the many reasons why it is so important to contact a knowledgeable admiralty and maritime lawyer about your injuries.

Some noteworthy general maritime law aspects involve claims for maintenance and cure, unearned wages, and unseaworthiness of a vessel.  General maritime law permits strict liability for product liability claims.  It also provides causes of action for wrongful death and negligence for non-seamen injured on navigable waterways. General maritime claims include claims of Jones Act seamen and longshoremen against any responsible third party for negligence causing or contributing to injury or death.

If you have been injured while aboard a vessel either as a crewmember, sub-contractor, or passenger involved in maritime activity, contact the experienced maritime lawyers at Simon & Luke, L.L.P.

The Jones Act

The Jones Act is a federal law, formerly known as the Merchant Mariners Act, which governs the liability of vessel operators and marine employers for their employee’s work-related injuries.  The Jones Act provides remedies to seamen injured while working on a vessel.  This law helps courts decide the compensation for seamen’s injuries throughout the United States.  An injured seaman can recover damages from their maritime employer when the employer or a co-worker’s negligence causes an injury.

An injured offshore worker must prove some negligence or fault on the part of the vessel’s owners, operators, officers, and/or fellow employees or show defect in the vessel, its gear, tackle, or equipment.

Some examples of sustainable bases for Jones Act cases are:

1. Failing to provide a safe place to work, if the unsafe place is the vessel or if it is another place under the employer’s control.
2. An unseaworthiness claim may be pursued if the employer is the owner of the vessel, and the injury is caused by an unsafe condition on the vessel.
3. A violation of a safety statute causes the injury.
4. Failing to provide adequate medical care.
5. Negligence of other employees or individuals for which the employer is responsible, including co-workers.
6. Failure to rescue or search for a seaman if he jumps or falls overboard
7. The vessel was not reasonably fit for its intended use, not a safe place to work and live.
8. The vessel was not equipped with appropriate safety gear and equipment.
9. The vessel had unsafe recreation facilities
10. Failure to maintain a competent crew
11. Dangerous conditions arising during the voyage or created by co-workers

A maritime employer owes a seaman a higher negligence duty than in the usual employer-employee relationship, and the employer if its breach of that duty contributed to the seaman’s injury.  Even if the seaman assumed a risk of injury, compensation under the Jones Act is not reduced.

One of the central questions in any maritime injury case is whether the injured party is a seaman, since only a seaman can recover under the Jones Act.  These offshore workers have an employment-related connection to a vessel in navigation and contribute to the vessel’s function or mission.

A seaman under the Jones Act must be a member of the crew of a vessel such as a tanker, freighter, jack-up rig, semi-submersible, towboat, tug, supply boat, crew boat, barge, lay barge, or fishing vessel, or someone assigned to a fleet of vessels by his employer.  The vessel must also be in navigation, there must be more or less permanent connection with ship, and worker must be aboard naturally and primarily as aid to navigation. 

Sometimes, even a person whose work is covered under the Longshore and Harbor Workers’ Compensation Act may be treated as a Jones Act seaman.  A lawyer can help figure out whether someone is a seaman for purposes of the act. The facts of each particular case must be examined closely by an experienced maritime attorney who will understand the ins and outs of the offshore activity the seaman was engaged at time of injury.

A Jones Act claim must generally be brought within three years of the injury. The claim can be filed as an admiralty claim either in federal court or state court, or as a “law” claim in federal court. A lawyer should decide where to file the claim as this choice can affect the amount of the recovery.

Experienced Maritime and Admiralty Attorneys – Simon & Luke

The maritime and admiralty lawyers at Simon & Luke have handled numerous maritime and admiralty cases, recovering millions of dollars for our clients.  We have a team of experienced accident reconstructionists, investigators, and photographers standing by to immediately investigate your accident, photograph and preserve the evidence, question witnesses, and protect all of your legal rights.

Call the lawyers at Simon & Luke toll free at 1-888-335-4901 for a free consultation on your legal rights.