If you work in the sea as a seaman and get injured on the job and want to file a maritime litigation, it is imperative to make yourself conversant with everything involved in such a tedious process. Maritime regulations and laws are different from other lawsuits and are tagged along with their specific regulations that vary from their length of the process, the evidence and proof needed, the costs associated with the lawsuit, and more.
Who Can File a Maritime Litigation?
While the Jones Act was passed as a law to protect those who work in the sea and are injured in the course of working in the sea, it does not apply to all those who work in the sea or the industry. For you to file maritime lawsuits under the Jones Act, the workers must have spent a minimum of 30 percent of their work time in the marine vessel. The marine vessel must also be used on waters that can be navigated or has the capability to move on those waters. This means that the ship does not necessarily be moving. It can be locked or tied to the dock. While this is the case, it has to be capable of moving in water.
Reasons for Filing a Maritime Lawsuit
In addition to being a professional working in the marine industry, your case has to be covered under the general maritime law and the Act of Jones. The most common reasons that can make you qualified for a maritime lawsuit include:
• Assault by a crew member or a co-worker
• Denial of cure and maintenance rights
• Employers failing to train their workers adequately
• Injury due to grease and oil on the track
• Poorly-maintained and faulty equipment that led to injuries
Necessary proof when filing a Maritime Litigation
For you to take a maritime litigation, you must provide evidence that your injury occurred during your work time. Most insurance covers require that you report any accidents or injuries within seven working days. However, it is advisable to report those injuries as soon as they occur. If an insurance adjuster or company decides to fight your litigation, you must get the necessary proof. Injuries must also be reported to your employment companies or the immediate supervisor.
In addition to succumbing to injuries, an accident report has to be filed. When filing the accident report, you must exercise extreme caution. Be sure to record every occurrence during the accident. If you are under medication and are too ill to comprehend the form, never fill it out. Consult a maritime attorney if you have any questions that must be answered.
Seek medical care even if the injury is minor. This provides the necessary proof and backs up your claim. Be sure to seek medical appointments as it is your obligation. Missing an appointment will make the insurance adjuster confirm that you are fully recovered.
Hiring a Maritime Attorney
A maritime attorney will not only give you the necessary help in gathering and the required evidence and filling out the necessary paperwork, but will also help you whenever you have trouble obtaining cure and maintenance benefits or medical help.