Maritime workers are a crucial part of Mississippi’s economy, working in a wide range of vessels from fishing boats and shipping vessels to yachts and cruise boats. However, standard workers’ compensation laws do not typically apply to seamen and other maritime workers when they are injured at work. Those injured while working in this industry must seek compensation under maritime law.
If you’ve been hurt while working as a seaman, longshoreman, or in another maritime role, the team at Reeves & Mestayer is here to help you. Call us at 228-374-5151 now to set up a consultation and talk about your maritime injury in greater detail.
Types of Maritime Accidents
Maritime jobs are among the most dangerous jobs in the United States, with injury rates exceeding most other industries. The work itself is inherently dangerous, putting workers up against unpredictable weather, requiring them to use lifesaving equipment that may malfunction, and making their survival dependent on the actions of others. Because of this, maritime workers report a variety of industries.
Some of the types of accidents we see reported in the Gulfport area include:
- Boat crashes
- Crane failures and subsequent injuries
- Diving accidents
- Falls on the deck of a ship and falls overboard
- Explosions caused by chemicals or malfunctioning equipment
- Lift accidents
- Drowning
- Lifting or moving cargo
- Outdated or improperly maintained equipment that causes injuries
Injuries differ, depending on the severity of the accident. However, it is not uncommon for injured maritime workers to be out of commission for weeks or months at a time. That’s a long time to go without a stable income.
Common Maritime Injuries in Gulfport
The type of injury you sustain will determine what type of aid you receive and how long you receive it. Injuries suffered by Gulfport maritime workers include:
- Injuries to the neck and back
- Traumatic brain injuries and other head injuries
- Lost limbs
- Burns (from electrical fires and chemical reactions)
- Illness caused by exposure to chemicals
- Repetitive use injuries
- Broken bones
- Permanent damage to the shoulders
- Hypothermia
- Frostbite
- Lung damage
Maintenance and Cure
As a maritime worker, you are entitled to receive maintenance and cure when you are injured while working. If you’re comparing your options to workers’ compensation, this is probably the closest comparison. You do not need to prove that the shipowner was negligent, nor that any of your coworkers or supervisors caused your accident. All you need to do to receive compensation is show that your injury happened while you were working.
There are two parts to this type of compensation. Maintenance refers to the responsibility of an employer to maintain an employee’s necessary living expenses while they recover and are unable to work. This may include your rent or mortgage, utilities, and food expenses. However, costs for entertainment or luxuries are not covered. Maintenance and cure may not pay for internet or phone, for example.
The second part of this is cure, which refers to the medical expenses you incur while injured. Employers must pay for these expenses until you have reached maximum medical improvement.
Other Maritime Laws That Protect Seamen
While maintenance and cure is a great starting point for injured seamen and other workers, it does not account for all of the losses and expenses a worker may have due to a work accident. That’s why there are several federal laws that provide additional compensation options for maritime employees. The laws that apply to your injury depend largely on what role you fill, who is at fault for your injury, and where the injury occurred.
The Jones Act is perhaps the most well-known maritime injury law in the United States. It applies when a worker’s employer has been negligent and subsequently caused a worker’s injuries. For example, if a supervisor fails to maintain the vessel or its equipment, the company could be liable for injuries caused by malfunctioning equipment.
The same may be true if management brings on new staff and does not properly train them. If the undertrained workers make mistakes that cause injuries, injured employees may be able to hold the employer accountable. Compensation is available for lost wages, lost earning capacity, pain and suffering, future medical expenses, and living expenses.
You may also be familiar with the Longshore & Harbor Workers’ Compensation Act. This law provides options for those who work in the maritime industry but don’t technically work aboard a vessel. Covered employees include harbor workers, shipbuilders, longshoremen, repair professionals, and others in similar roles. It’s similar to the Jones Act in that it requires proof that an employer’s negligence led to an employee’s injuries.
An unseaworthy vessel puts everyone aboard at risk. If someone dies while working on an unseaworthy vessel, their family may seek compensation under the Death on the High Seas Act. This act protects those working more than three nautical miles from the shore. It offers compensation to children, spouses, and parents of those who die at sea.
How We Can Help
Determining what you can and cannot recover after a maritime injury is difficult since the laws are fairly nuanced. You may also find that your employer pushes back against your injury claim to avoid liability. Our team is well-versed in the specifics of maritime law, and we are here to fight for the compensation you deserve. The work you do is crucial to our state and national economy, and you shouldn’t be left out to dry when your work leaves you injured.
Whether you need help seeking maintenance and cure, getting compensation under the Jones Act or the LHWCA, or pursuing compensation under DOHSA for your loved one who died aboard a vessel, our team is here to help. We know what it takes to prove negligence and hold the negligent party accountable.
Discuss Your Claim with Reeves & Mestayer
No matter which maritime role you fill or what type of injury you have sustained, we are here to pursue the money you are owed. You put your life at risk every day working offshore or aboard a vessel, and you deserve a full and fair settlement after an injury. Let us guide you through this process and protect your rights. Give our team a call at 228-374-5151 or reach out online to get started now.
