Maritime and Jones Act Injuries and Deaths
Holzberg Legal proudly represents crewmembers from all over the world, serving on cruise ships and yachts, commercial vessels and other ships at sea, in intercostal waters, on rivers (and in all navigable waters) on tugboats, barges, dredging boats, and oil rigs If you were seriously injured or whose loved one dies as a result of negligence, or unseaworthiness you are entitled to damages under federal law. The Jones Act (46 U.S.C. §30104) provides that you can to seek damages for “maintenance and cure”, as well as those damages arising from the negligence or unseaworthiness of the owner, operator, vessel or crew. “Maintenance” entitles you to your wages while you are out of work, and “Cure” provides you with medical care and treatment, until you reach maximum medical cure, including housing, food, transportation to and from medical care, procedures including surgery, therapy and rehabilitation. In some cases we are able to recover attorney’s fees for the cruise line or ship owners unreasonable failure to pay maintenance and cure benefits in a timely manner.
Glenn J Holzberg, Miami maritime attorney, has represented foreign seamen for many years, from countries all over the world including the Bahamas, Jamaica, Honduras, England, South Africa, India Bosnia and Herzegovina, El Salvador, Nicaragua, Canada, Mexico, Thailand, Turkey, Poland, and the Czech Republic. Each cruise line has you sign Terms and Conditions of employment when you are hired, that greatly affect your right to sue. Also these contracts contain choice of law provisions that may require you to sue under the law of the flag country of ship, or another country selected by the cruise line, which strongly favors the cruise line and not you. Many times these agreements also limit your valuable rights which you must follow. For these reasons it is critical that you hire an experienced Miami maritime lawyer to defend your rights and obtain the compensation you deserve.
If your loved one died while working on a ship, the Death on the High Seas Act (DOHSA) entitles the spouse or dependent children to collect compensation for their death, but with certain critical limitations. The Seaman’s Employment Contract likely contains language which may require you to arbitrate your case in Miami or another “agreed upon” jurisdiction, and eliminates your right to a jury trial, discovery and application of US law. While the cruise lines continued attack on the ability of foreign seamen to obtain a jury trial in US courts is now the law, it is more important than ever to hire an experienced maritime attorney to represent you and your family’s interests. An experienced Miami Maritime lawyer can read and understand your rights under your contract.
Longshore and Harbor Workers are also entitled to damages for their injuries and death resulting from the negligence of others under the Longshore and Harbor Worker’s Compensation act (LHWCA). These rules are complex and require a lawyer with knowledge experience and skill. Do not let your case be handled via inexperienced lawyer claims to be a maritime attorney who claims to handle all personal injury cases. There is a difference.
Call an experienced Miami Maritime lawyer today for your free initial consultation.