Miami Seamen And Crew Claims Lawyer

America has an entrenched nautical tradition in the sense that our country was founded upon a strong naval presence and, perhaps more importantly, on an equally strong merchant shipping industry. As such, our country has a long-established and constantly evolving body of maritime and admiralty law. Our Miami seamen and crew claims lawyer at Michael F. Guilford, P.A., has years of legal experience handling many different types of crew claims. My knowledge of admiralty and maritime law is extensive, and I pride myself on being an aggressive, zealous advocate for all seamen. I will utilize my vast network of resources and investigative skills to pursue your case to the fullest extent of the law.

Seaman’s Rights And Remedies

In 1920, the federal government passed the Merchant Marine Act of 1920, or The Jones Act, as it is more commonly known. This act, based on similar railroad workers legislation, governed and continues to govern, seamen and crew claims regarding negligence. The traditional seaman also has causes of action for unseaworthiness and the right to maintenance and cure. A Jones Act claim requires a showing of negligence on the part of the captain or ship owner, unseaworthiness involves a product liability type analysis, and the right to maintenance and cure is similar to a workers’ compensation claim. Our lawyers are extremely well-versed in the language of The Jones Act, as well as the General Maritime Law of the United States and can explain how it applies to your case.

Please consider the following:

Individuals who sail with the ship for a certain period of time, such as shore-based supervisors, may also entitled to protection under the Jones Act. We can discuss your situation and determine if the time you spent on the ship qualifies you for Jones Act protection.

Also, our firm does not handle only injury-related matters for seamen and crew members. We also represent them in standalone wage claims and wage claims pertaining to the injury in question.

Seaman’s Claims For Injury, Illness And Death

If you are a seaman who works on a vessel that routinely sails in and out of ports in the United States, you have certain rights under the laws of the United States of America. In fact, even if you are not a United States resident or citizen, or if you signed an employment contract waiving your rights, or if they sent you home because of illness or injury before you could take any action in the United States, you may still have remedies. Your rights include:

• The right to receive monetary damages for any injury or illness you suffered while working, which resulted from either the negligence of your employer or unsafe conditions on the vessel
• The right to prompt and adequate medical care for any illness or injury, regardless of fault
• The right to receive maintenance (hotel, food, etc.) and sometimes your wages while you are being treated for an illness or injury
• The right to twice the amount of any earned wages if not timely paid and if discharged in a United States port
• The right to work aboard a safe and seaworthy ship, free of any defects

In the United States, you are allowed to hire an independent attorney to protect your rights and to file claims against your employer and the vessel to recover damages for your injury, illness or wages.

Frequently Asked Questions About Seamen And Crews Claims

Whether a seasoned sailor or a first-time boat owner, you should seek to understand your rights and legal protections to help ensure your safety and well-being while out at sea. Below, we have answered some of the commonly asked questions by our clients:

What is unseaworthiness?

Unseaworthiness is the vessel’s condition, either a small boat or a large yacht, that makes it unfit or unsafe for its intended use at sea.

These conditions can range from minor defects like faulty railing to major structural deficiencies that compromise the vessel’s safety and occupants.

For better context, a loose railing might seem like a minor issue, but it could result in a boat accident, where someone falls overboard and suffers injuries or even drowns. Or, a malfunctioning navigation system could lead to the vessel getting lost, causing damage and potential injuries to those on board.

What are maintenance and cure benefits, and who is entitled to them?

Maintenance and cure benefits are rights afforded to seamen who suffer injuries or illnesses while in the service of a vessel, regardless of who was at fault.

Maintenance is the daily living expenses, such as food and lodging, that the injured seaman would have received if they could still work aboard the vessel. On the other hand, cure stands for the medical expenses incurred due to the injury or illness, including doctor visits, hospital bills, and medication costs.

What rights do seamen have under the Jones Act?

The Jones Act, or the Merchant Marine Act of 1920, is a federal law that provides certain rights and protections to seamen who are injured or killed while working aboard vessels engaged in interstate or foreign commerce.

Under the Jones Act, injured seamen can bring a negligence claim against their employer if they can prove that their negligence or the vessel’s unseaworthiness caused their injuries.

Unlike traditional workers’ compensation laws, which have limited benefits regardless of fault, the Jones Act allows injured seamen to pursue full compensation for their injuries through a civil lawsuit.

Contact Our Experienced Miami Seamen And Crew Claims Lawyer Today

Contact a Miami seaman and crew claims lawyer at the law offices of Michael F. Guilford, P.A., to schedule your free initial consultation. I can discuss how your case falls under The Jones Act, or the General Maritime Law of the United States, and the possibilities for obtaining a positive resolution to the situation. Flexible appointment times are available for your convenience. Call 855-446-4995.