New York Maritime Injury Lawyer
Working in the maritime industry exposes workers to challenging conditions with dangerous equipment. Because of this, maritime workers face a higher likelihood of injury. When accidents happen while working at sea, it’s time to seek legal guidance from a maritime injury lawyer from Roth & Khalife. Our attorneys understand the unique laws and regulations that come with these cases. We’ve helped thousands of injured clients recover the compensation they deserve.
What Is a Maritime Injury?
A maritime injury, also known as a maritime accident or offshore injury, refers to any injury sustained by an individual while working on a vessel or in maritime-related occupations. These injuries can occur on various types of vessels, including ships, boats, oil rigs, and other offshore structures. Maritime injuries can result from a wide range of accidents, such as slips and falls, equipment malfunctions, collisions, or hazardous conditions on board. Common injuries include:
- Drowning
- Head injuries
- Exposure to hazardous materials
- Broken bones
- Spinal cord injuries
Due to the unique nature of maritime work environments, injuries sustained in these settings often involve complex legal considerations governed by maritime law, also known as admiralty law. This area of law is distinct from traditional personal injury law and requires specialized knowledge and experience to navigate effectively, such as the team at Roth & Khalife.
Your Rights Following a Maritime Injury
Maritime industry workers who are injured while on the job have specific rights under maritime law. These rights often include the right to seek compensation for medical expenses, lost wages, pain and suffering, disability, and other damages resulting from the injury. Additionally, injured maritime workers may be entitled to benefits under the Jones Act or the Longshore and Harbor Workers’ Compensation Act (LHWCA), depending on their specific circumstances.
The Jones Act
The Jones Act, also known as the Merchant Marine Act of 1920, is a federal law that provides protection for maritime workers who are injured while working on vessels in navigable waters. Under the Jones Act, eligible seamen have the right to file a negligence claim against their employer if they are injured due to unseaworthiness of the vessel or the negligence of the crew or employer. These conditions may include:
- Lack of proper training for seamen
- Failure to provide a safe working environment
- Inadequate maintenance of equipment or vessels
- Violation of safety regulations
If you believe your injury was caused by negligence or unseaworthiness, it’s important to consult with a maritime injury lawyer to discuss your legal options under the Jones Act.
The Longshore and Harbor Workers’ Compensation Act (LHWCA)
The LHWCA is another federal law that provides benefits to maritime workers who are injured while working on or near navigable waters, but who are not considered seamen under the Jones Act. This includes workers such as longshoremen, harbor workers, shipbuilders, and other maritime employees. Under the LHWCA, injured workers may be entitled to compensation for medical expenses, lost wages, vocational rehabilitation, and disability benefits.
Proving Employer Negligence
Proving employer negligence is a crucial aspect of maritime injury cases. In order to successfully pursue a claim under the Jones Act, injured maritime workers must demonstrate that their employer was negligent in providing a safe work environment. This can be challenging, as it requires showing that the employer breached their duty to maintain a safe workplace and that this breach directly led to the worker’s injury.
Some key factors that may help establish employer negligence in a maritime injury case include:
- Inadequate training: If the employer failed to provide proper training for employees to safely perform their job duties, this could be evidence of negligence.
- Unsafe working conditions: Evidence of hazardous conditions on board the vessel or at the worksite, such as slippery decks, malfunctioning equipment, or lack of safety procedures, can indicate employer negligence.
- Lack of safety equipment: If the employer failed to provide necessary safety equipment, such as personal protective gear or safety harnesses, this could be a sign of negligence.
- Violation of regulations: If the employer violated maritime safety regulations or industry standards, this can be used as evidence of negligence.
A maritime injury lawyer from Roth & Khalife can help injured maritime workers navigate the complex legal process of proving employer negligence and seeking the compensation they deserve. Our experienced attorneys have a deep understanding of maritime law and will fight tirelessly to protect your rights and hold negligent parties accountable.
Do I Need a Maritime Injury Lawyer?
Navigating the seas of maritime law on your own can be challenging, especially when dealing with complex regulations and legal procedures. A maritime injury lawyer plays a crucial role in advocating for individuals who have been injured while working in maritime occupations. At Roth & Khalife, LLP, our team of experienced maritime injury lawyers is dedicated to protecting the rights of maritime workers and ensuring they receive the compensation they deserve. Here’s how our attorneys can help:
Knowledge of the Law
Our attorneys provide expert legal guidance to maritime workers, helping them understand their rights under maritime law and determining the best course of action for their case.
Investigation
We conduct thorough investigations into maritime accidents to gather evidence and determine liability. This may involve analyzing vessel maintenance records, safety protocols, and witness statements to build a strong case.
Negotiation
We negotiate with insurance companies and other parties on behalf of our clients to seek fair compensation for their injuries, including medical expenses, lost wages, pain and suffering, and other damages.
Individualized Representation
If a fair settlement cannot be reached through negotiation, our attorneys are prepared to take the case to court. We have extensive experience litigating maritime injury cases and will vigorously advocate for our clients’ rights in the courtroom.
Thousands of Successful Stories
With years of experience handling maritime injury cases, our attorneys have the knowledge and expertise to navigate the complexities of maritime law and achieve favorable outcomes for our clients.
By choosing Roth & Khalife, LLP as your maritime injury lawyers, you can trust that your case will be in capable hands. We are committed to providing personalized attention and aggressive representation to help you recover the compensation you deserve for your injuries and losses.
New York Maritime Injury Lawyers Ready to Represent You
If you have been injured while working in a maritime occupation in New York, the experienced attorneys at Roth & Khalife are here to help. Our team of skilled maritime injury lawyers is ready to represent you and fight for your rights. With our deep understanding of maritime law and years of experience handling complex personal injury cases, we are well-equipped to advocate for you and help you recover the compensation you deserve. Contact us to schedule a free consultation.
Maritime Injury Lawyer FAQs
What is considered a maritime injury?
A maritime injury refers to any injury sustained by an individual while working in maritime occupations such as seamen, dockworkers, longshoremen, or offshore workers. These injuries can occur on ships, docks, oil rigs, or other maritime vessels and facilities.
What are common causes of maritime injuries?
Common causes of maritime injuries include slips and falls, heavy lifting, equipment malfunctions, collisions, fires, explosions, and unsafe working conditions. These accidents can result in a wide range of injuries, from minor cuts and bruises to serious injuries or fatalities.
What laws apply to maritime injury cases?
Maritime injury cases are governed by a complex set of laws known as maritime or admiralty law. These laws include the Jones Act, the Longshore and Harbor Workers’ Compensation Act (LHWCA), and general maritime law. These laws provide specific legal remedies and protections for maritime workers who are injured on the job.
When should I contact a maritime injury lawyer?
If you have been injured while working in a maritime occupation, it is important to contact a maritime injury lawyer as soon as possible. A lawyer can help you understand your rights, gather evidence to support your claim, and navigate the legal process to ensure you receive the compensation you deserve.
What types of compensation are available for maritime injuries?
Maritime injury victims may be entitled to compensation for medical expenses, lost wages, pain and suffering, disability, rehabilitation costs, and other damages. The specific types of compensation available will depend on the circumstances of the case and the applicable laws.
How long do I have to file a maritime injury claim?
The statute of limitations for maritime injury claims in New York is 3 years but may vary depending on the specific circumstances of the case and the applicable laws. In general, it is important to consult with a maritime injury lawyer as soon as possible to ensure that your claim is filed within the applicable time limits.
What sets Roth & Khalife, LLP apart in handling maritime injury cases?
At Roth & Khalife, LLP, we have extensive experience representing maritime injury victims and have a proven track record of success in handling these complex cases. Our attorneys are dedicated to providing personalized attention, aggressive representation, and compassionate advocacy to help our clients obtain the maximum compensation they deserve for their injuries and losses.
How can I schedule a consultation with Roth & Khalife, LLP to discuss my maritime injury case?
To schedule a consultation with our experienced maritime injury lawyers at Roth & Khalife, LLP, please contact us at 212-608-3015 or fill out our online contact form. We offer free initial consultations to discuss your case and provide you with the guidance and support you need during this challenging time.