If you were injured on a tugboat, it is important that you speak with an experienced maritime lawyer about your rights. The Jones Act, Maritime Accident Laws and the Invisibility Act can all entitle you to financial compensation.
Working on a tugboat presents a number of unique dangers for tire makers, engineers, crew members and other naval workers on board. From mechanical problems to dirty tires to lift heavy equipment, cables and lines, tugboat workers must constantly pay attention to the risks of their personal safety.
When these risks lead to accidents, the consequences can often be difficult. For tugboat workers, job damage usually leads to unreasonable medical bills, significant amounts of time absent from work, pain, suffering and loss of lifes enjoyment. These losses can be economically and emotionally devastating to toddler workers and their families. In order to prevent this destruction, it is critical that injured tugboat workers take appropriate measures to protect their legal rights.
Three compensation sources for injured tugboat workers
While each case is unique, damaged tugboat workers generally have three possible alternatives for just seeking compensation for accident-related injuries:
As a tugboat, your first option is to get compensation after a work injury to file a Jones Act claim against your employer. The Jones Act is a federal law that provides important protection to qualified seafarers (known as seamen). According to the Jones Act, seafarers have three ways to secure compensation:
Filing for no errors maintenance and cure benefits; and,
Submission for full remuneration based on their employers negligence.
Submit a default claim or trial against a negligent third party than your maritime employer
Importantly, the negligence of the Jones Act cases is much lower than in other types of damages. According to the Jones Act, you only need to prove that your employers negligence played a role in the accident. As a result, seamens employers can be held responsible for virtually any unsafe conditions that lead to damage to seamen.
In addition to seeking compensation from your employer under the Jones Act, you may also be entitled to compensation from the tugboat owner. According to maritime law, trawlers have an obligation to keep their vessels in a seagoing state. If you were injured due to a condition deemed to be invisible, the tugboat owner may be wholly responsible for all accident-related injuries and losses.
What is considered an invisible state? There are too many unfamiliar conditions to list them all here, but some common examples are:
Tires that are slippery or messy with rubbish or other hazards
Worn or unsafe ladders or stairs
Defective equipment, winches or cranes
Failure to perform routine maintenance or perform necessary repairs
Lack of safety equipment on board
Inadequate or inexperienced crew on board
Seamless negligence by co-workers, captains or others
Finally, the third potential source of compensation for injured tugboat workers is a negligence requirement against a third party. In the shipping industry, it is common for many companies to be involved in a single trailer or transport. In addition, collisions between other tugboats and barges may occur in busy seas and in conjunction with collisions with railways and motorways. If a company other than your employer or tugboat owner is liable for your damage, you may be responsible for your medical bills, lost salaries and other losses.
Measures to take after a towboat accident
After a trawler accident there are a number of important steps that you must try to take as soon as possible. One of these steps is to seek quick medical attention from your own doctor. While your employer may try to force you to see the companys doctor, you are entitled to independent medical treatment and it may not be best to see a doctor working for the company you are seeking compensation for.
You should also talk to a marine injury lawyer as soon as possible. A lawyer who has experience in dealing with claims claims will be able to advise on your rights and conduct a survey to identify the party (or parties) responsible for your losses. In maritime safety cases there are strict deadlines and evidence can disappear quickly, so its important that you take action quickly to maximize your chances of regaining only compensation.