Maritime work is inherently dangerous. While rewarding, professions on the sea and along the coastlines carry significant risks, often leading to severe injuries. If you’ve been injured in a maritime accident, navigating the legal aftermath can feel overwhelming. Unlike typical workplace accidents, maritime claims are governed by complex laws like the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA). This is where experienced Maritime Accident Lawyers become essential.
At Hofmann & Schweitzer, we stand as a nationally recognized firm with over 35 years of dedicated experience in maritime injury litigation. Our maritime accident lawyers have a proven track record of securing favorable verdicts and settlements for clients across New York and the entire country. We are committed to providing injured maritime workers with the expert legal representation they deserve to navigate these challenging claims successfully.
Experienced Maritime Accident Lawyers for All Types of Maritime Workers
The maritime industry encompasses a vast array of professions, extending from the open sea to inland waterways and docks. Our maritime accident lawyers at Hofmann & Schweitzer are dedicated to protecting the rights of all maritime workers injured in this diverse field, whether you work in bustling New York harbors, navigate the nation’s rivers, or face the perils of the open ocean.
We proudly represent a wide spectrum of injured maritime professionals, including:
Seamen
Seamen are the backbone of commercial vessel operations, working on oceans, lakes, and rivers. Their roles are diverse and demanding:
- Navigating vessels and maintaining watch.
- Operating and maintaining deck machinery and cargo equipment.
- Ensuring vessel safety and cleanliness.
- Performing essential repairs and maintenance.
- Supporting officers and the captain in daily operations.
Seaman working on deck, illustrating maritime accident lawyer services for seamen
Fishermen
Commercial fishermen brave challenging conditions to harvest seafood. Their responsibilities are physically intensive and often hazardous:
- Deploying and managing fishing gear like nets and lines.
- Sorting, cleaning, and processing the catch at sea.
- Maintaining and repairing fishing equipment.
- Assisting with navigation and vessel operation.
- Adhering to strict fishing regulations and quotas.
Dock Workers and Longshoremen
Dock workers and longshoremen are crucial for the flow of commerce, loading and unloading cargo at ports and harbors. Their work involves heavy machinery and potential hazards:
- Operating cranes, forklifts, and other heavy lifting equipment.
- Securing cargo to ensure safe transportation.
- Inspecting cargo for damage and discrepancies.
- Maintaining a safe and efficient dockside work environment.
- Adhering to stringent safety protocols and regulations.
Harbor Workers
Harbor workers ensure the smooth and safe operation of harbors, undertaking a variety of essential tasks:
- Assisting with docking and mooring vessels securely.
- Operating tugboats to maneuver ships within harbor areas.
- Maintaining navigational aids and vital harbor infrastructure.
- Conducting security checks on vessels and cargo entering the harbor.
- Enforcing maritime regulations within the harbor jurisdiction.
Shipbuilders and Repair Workers
Shipbuilders and repair workers are skilled tradespeople who construct, maintain, and repair vessels of all types. Their work is critical to the maritime industry’s infrastructure:
- Welding, cutting, and fabricating structural ship components.
- Assembling and installing equipment and systems within vessels.
- Repairing and overhauling existing ships and boats to extend their lifespan.
- Interpreting complex blueprints and technical specifications for construction and repair.
- Maintaining rigorous safety standards and quality control throughout the shipbuilding process.
Even if your specific maritime role isn’t listed above, you may still have legal recourse after an injury. Our maritime accident lawyers can assess your situation, clarify your rights, and help you pursue the maximum compensation you are entitled to under maritime law.
Navigating Maritime Law: The Jones Act and LHWCA Explained
United States maritime law is unique and often unfamiliar to those outside the industry. Two primary federal laws govern the rights of injured maritime workers: the Jones Act and the Longshore and Harbor Workers’ Compensation Act. Understanding these laws is crucial for any maritime worker involved in an accident.
The Jones Act: Protecting Seamen Injured at Sea
The Jones Act provides crucial legal protections for “seamen” – those who work aboard vessels in navigation. This can include a wide range of vessels, from massive cargo ships and oil rigs to smaller fishing boats and tugboats operating on navigable waters. Determining whether you qualify as a “seaman” under the Jones Act can be complex and often requires the expertise of a maritime accident lawyer.
Key aspects of the Jones Act include:
- Negligence: The Jones Act allows seamen to sue their employers for negligence if their injuries were caused by the employer’s, captain’s, or fellow crew members’ negligence.
- Unseaworthiness: Seamen can also recover compensation if their injuries resulted from an unseaworthy condition of the vessel, such as faulty equipment or inadequate safety procedures.
- Maintenance and Cure: Regardless of fault, seamen are entitled to “maintenance and cure” – payment for medical expenses and daily living costs until they reach maximum medical improvement.
Longshore and Harbor Workers’ Compensation Act (LHWCA): Coverage for Onshore Maritime Workers
The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides a federal workers’ compensation system for maritime workers who are injured on navigable waters or in adjoining areas, but who do not qualify as seamen under the Jones Act. This typically includes dock workers, harbor workers, ship repairers, and shipbuilders – those who are primarily engaged in shoreside maritime employment.
Key features of the LHWCA include:
- No-Fault System: Unlike the Jones Act, the LHWCA is a no-fault system. Injured workers are entitled to benefits regardless of who was at fault for the accident.
- Medical Benefits and Lost Wages: The LHWCA covers medical expenses and provides compensation for lost wages due to the injury.
- Disability Benefits: Benefits are available for both temporary and permanent disabilities resulting from maritime injuries.
Protecting Your Rights: What to Do (and NOT Do) After a Maritime Accident
Following a maritime accident, it’s natural to rely on your employer and their insurance company for guidance. However, remember that their priority is often to minimize their own costs, which can be detrimental to your claim. To protect your rights and ensure you receive fair compensation, take immediate and informed steps.
DO – Essential Steps to Take
- Seek Immediate Medical Attention: Your health is paramount. Get prompt medical evaluation and treatment for your injuries. Document all medical care meticulously.
- Document Everything: As soon as possible, write down a detailed account of the accident, including the date, time, location, circumstances, and any witnesses. Preserve any physical evidence if possible and safe to do so.
- Report the Accident to Your Employer: Follow your company’s procedures for reporting workplace accidents. Ensure the report is accurate and includes all relevant details.
- Consult with a Maritime Accident Lawyer: Before making any statements or signing any documents, contact an experienced maritime accident lawyer. Early legal counsel is crucial to protect your rights.
DON’T – Actions to Avoid
- Sign Any Documents Without Legal Advice: Never sign any papers from your employer or the insurance company without first consulting with a maritime accident lawyer. These documents may contain clauses that could harm your claim.
- Give a Recorded Statement to the Insurance Company: Insurance adjusters may request a recorded statement. You are not obligated to provide one and should decline until you have spoken with your lawyer.
- Delay Medical Treatment: Putting off medical care can not only worsen your injuries but also weaken your legal claim. Seek medical attention immediately.
- Agree to a Settlement Prematurely: Do not accept any settlement offer from the insurance company before discussing it with your maritime accident lawyer. Initial offers are often far below the actual value of your claim.
- Return to Work Before You Are Ready: Do not succumb to pressure from your employer to return to work before you have fully recovered. Premature return can jeopardize your health and your claim.
- Wait Too Long to File a Claim: Maritime claims have specific time limits (statutes of limitations). Delaying can result in losing your right to compensation. Contact a maritime accident lawyer promptly to understand applicable deadlines.
Choose Experienced Maritime Accident Lawyers to Fight for Your Rights
You have fundamental rights as a maritime worker, including the right to experienced legal representation. At Hofmann & Schweitzer, our maritime accident lawyers are dedicated to protecting those rights and fighting tirelessly to secure the full compensation you deserve. We understand the complexities of maritime law and are committed to guiding you through every step of the legal process.
For a clear understanding of your legal options following a maritime accident, contact the knowledgeable maritime accident lawyers at Hofmann & Schweitzer for a free consultation. While based in New York, we routinely represent maritime workers nationwide. Reach out to us online or call us directly at 800.362.9329 to schedule your free consultation today.
