Working as a seaman comes with a high risk of injury, illness, and fatality. Suffering any of these dangers due to a coworker’s negligence may be life-changing and traumatizing, which is why injury and illness caused by negligence from a coworker may make you eligible for compensation.
Unfortunately, obtaining this compensation is often easier said than done, and understanding your rights and having access to an experienced maritime lawyer can significantly smooth out the compensation claims process.
The Rights of Maritime Workers According to the Jones Act
Knowing your rights as a maritime worker is nearly as important as knowing how to do your job. The Jones Act only applies to seamen and knowing if your role is defined as such is the first step you can take towards claiming compensation from your employer.
Do You Qualify as a Seaman?
To qualify as a seaman, you must be a worker who:
- Works for around 30% of your time on a vessel or specific fleet of vessels
- Contributes to the main objective of the vessel or fleet you are on while that vessel or fleet is in navigation
If you fit the above description and have been injured in the line of duty due to negligence from a coworker, your employer may be liable to provide you maintenance and cure, meaning they must pay for any of your necessary living and medical expenses, including rent, utilities, food, and medical bills related to your injury.
What Counts as a Negligent Act From a Coworker?
The following negligent acts, whether perpetrated by a coworker or employer, may result in your employer being held liable for paying you compensation:
- Physical or sexual assault from a coworker or superior
- An employee or supervisor failing to perform their duties with care, resulting in your injury
- Not providing you with the right training to avoid injury
How Can I Claim Compensation for Injury Due to Negligence From My Coworker?
As with any industry’s injury compensation process, many maritime workers find their employers are willing to go to great lengths to avoid actually paying their injured workers. As such, it is vital that you act quickly should you be injured on the job.
- Seek medical attention for your injuries immediately. Not only is this crucial if you’ve been seriously hurt, assaulted, or become ill, but your medical records could help prove the extent of the damages caused should the need to do so arise.
- Approach an experienced maritime lawyer. Maritime law is a field in which not all lawyers are specialized, so hiring a maritime lawyer with the right background is important to ensure your case is in the right hands and your employer doesn’t coerce you into signing your Jones Act workers’ compensation rights away.
How Schechter, Shaffer and Harris, L.L.P. Can Help
A lawyer can be incredibly helpful throughout your compensation claims process. Schechter, Shaffer and Harris, L.L.P. consists of a team of highly experienced, successful maritime lawyers with decades spent defending seamen and ensuring they know and receive the full benefits of their Jones Act negligence rights.
If you or someone you know was injured due to a negligent coworker while doing maritime work, contact us online or call us at 800-836-5830 for a free consultation.
