Working and recreation on the water can be immensely satisfying and fulfilling, yet also dangerous. Maritime injury claims differ significantly from land-based personal injury suits as they must abide by specific maritime laws.
Take the following steps following an accident to protect your rights and increase the chance of receiving compensation.
Get Medical Attention
Maritime workers face many dangers and risks on the job. While some injuries are inherent to their occupation, others arise as a result of employer negligence; when these occur they have legal options available to them for recovery.
As soon as possible, seek medical treatment for any injuries sustained. Ignoring injuries could cause them to worsen over time. Once treated, it’s essential that you document both the incident that led to it and any results of it such as healing times or complications that resulted from it.
Use your cellphone to take pictures of the scene. Write down what happened in your own words while it is fresh in your mind, as well as interview any witnesses. Generally, seamen who have been injured can bring Jones Act or Longshore and Harbor Workers Compensation Act claims against their employers; such statutes allow injured workers to claim maintenance and cure payments without having to prove fault on their employer’s part.
Document the Incident
After any maritime accident, one of the first steps that must be taken to properly document it is to accurately record what occurred. This may involve taking pictures at the scene or gathering testimony from witnesses; documenting can serve to protect you both during legal proceedings and insurance claims processes in the future.
Detail what happened without including personal opinions or judgments. Identify any possible causes, such as environmental considerations, equipment malfunction, and human errors as potential triggers for the accident.
Make sure to include the names of all individuals involved, from those who witnessed or directly affected by it to any witnesses or those directly affected by it. Also include photos, video footage, file captures, PCAP logs network logs that might help demonstrate or illustrate an event like fire or explosion – this could prove especially helpful in cases involving ships colliding and creating devastating consequences both to those onboard as well as for the environment.
Report the Incident
Once an accident has taken place, it is vital that immediate steps be taken to report it in order to create a record and enable your employer to take steps towards preventing further injuries.
As much evidence as possible must also be collected. Given that most cell phones now come equipped with cameras, taking pictures is easy. Save tangible items, like torn clothing or damaged footwear for later examination and obtain witness names and contact info as part of your evidence collection effort.
Collisions between vessels can be among the most catastrophic maritime accidents, leading to severe injuries for crew members. At our Jones Act law firm, we have helped many seamen recover compensation after these traumatic incidents; holding employers liable for all costs related to maintenance and cure as a basic right of all seamen is one way we do so.
Contact an Attorney
First and foremost, whether a crew member or passenger, seeking medical attention for injuries sustained should always be your top priority. If still within navigable waters, seeking assistance at the ship’s medical center is recommended as this will both safeguard your health as well as provide tangible evidence about what occurred to you.
By now, most people own cell phones equipped with cameras. Take pictures of how and where the accident took place – from floor conditions, evidence of wear and tear, weather conditions and any other relevant aspects to get an understanding of why something went wrong. Also get the names and contact information for anyone who witnessed your incident.
Accidents on ships, barges and oil rigs can range from inconvenient to life-changing or even fatal, with maritime injury laws like the Jones Act, general maritime law, maintenance and cure, unseaworthiness or others potentially applicable in your case. Consulting an experienced attorney is essential in protecting your legal rights.