Miami in Florida covers about 56 square miles between the Everglades to the west and Biscayne Bay to the east. Miami is a major epicenter for finance, commerce, and international trade. The city has one of the largest ports in the United States and is called the “Cruise Capital of the World.” As many ships and passengers pass through port Miami, several accidents occur, and many maritime workers get injured.
Maritime workers are those who work at shipyards, seaports, marine terminals, etc. They are responsible for loading, unloading, repairing, or constructing a vessel. Maritime workers are also at the highest risk of injury and illness due to the usage of power tools, damage of vessels, unpredictable weather conditions, water immersion, etc.
As a maritime worker in Miami, you are eligible for a maritime workers’ compensation claim if you are injured while working. It is vital to contact a Miami maritime injury attorney who specializes in handling maritime injury cases. The lawyers are familiar with the Miami maritime laws and assist you with your injury claims.
Miami Maritime Laws
If you are a maritime worker in Miami and got injured on the job, you go through severe pain. You can’t file a case as you do in a car accident or other personal injuries. Apart from the pain and suffering, you also face challenges during the legal process to receive compensation.
There are several laws related to Miami maritime accidents. You need to determine the laws that apply to your injury and how to pursue the claim to receive compensation. An experienced Miami maritime injury attorney will be aware of all these laws and determine the ones applicable in your case. They have the skills and knowledge to make your employer liable for your work injuries.
Understanding your Rights as an Injured Maritime Worker
If you are injured or got an illness as a maritime worker in Miami, federal maritime law provides you with your compensation rights. The federal law provides you with the right to sue your employer for negligence injuries. According to the Miami maritime laws, you are entitled to different types of compensation. Here are the three types.
- Negligence Damages: Under Jones Federal Law, if you are a seaman and get injured due to an unsafe condition on the vessel or a defective vessel, you have the right to sue your employer for negligence In this case, you should prove that the employer’s negligence is responsible for your injury, and you are eligible to claim all your damages.
- Unseaworthy: A vessel is considered unseaworthy if the crew is not provided with suitable and safe appliances to perform their work. If you are injured due to unseaworthiness, the vessel owner is liable, and you can sue him for your damages.
- Maintenance and Cure: Your employer needs to provide care for your pain and suffering after a maritime work injury. The employers should pay for the maintenance, such as rent, utilities, insurance, and food. The employer should also pay your medical bills to treat your illness and transportation cost to seek medical treatment.
- Punitive damages: As an injured maritime worker, you can claim for punitive damages if your employer refuses or intentionally holds the payment for maintenance and cure.
- Lost wages: Under maritime laws, the injured maritime workers are also entitled to lost wages if the injury is due to the negligence. Lost wages include the income you could have earned if you were working, loss of earning capacity, and future earnings. There are several laws that determine the amount of compensation for lost wages, and a knowledgeable attorney can make you understand things that can be covered under lost wages.
- Wrongful death claims: If you have or illness, your family members can file a wrongful death claim for damages with an experienced lawyer’s help.
As an injured maritime worker, you may trust your employer or insurance companies to provide you with guidance and advice. But they only want to protect themselves and try to reduce or completely deny your claim. It will help if you do not accept any settlement offers from them as long as it is valid.
Consider hiring a Miami maritime injury attorney who can help you receive the full compensation required for your recovery. Follow their advice to get the best compensation from your employer.