Crew Member Injury & Accident (Cruise Ships, Yachts, Tugs, Barges, Ferries, etc…)
Crew members that are able to satisfy the "seaman status" requirements under admiralty law have special rights and remedies not afforded to other workers. For example, a shoreside employee is generally bared from suing his or her employer due to the immunity afforded under the Workers Compensation Act. This is not true for a seaman, who may sue his or her employer under a Federal Statute called the "Jones Act". Additionally, a shoreside employee is not able to sue under theories of strict liability. This, however, is also not true with regard to a Jones Act seaman, who possesses an additional claim for "unseaworthiness" against a yacht or shipowner. Under an unseaworthiness claim, a Jones Act seaman may sue for the mere existence of a dangerous condition that in any way contributes to an injury. This is true even if the yacht or shipowner was unaware of the dangerous condition before it caused an injury. Jones Act seamen are afforded these and other special rights in recognition of the perils and hazards associated with their shipboard duties.
A seaman who is injured may sue his employer and/or shipowner under theories of:
- Jones Act negligence
- Maintenance and cure
- Unearned or Sick Wages
- Breach of contract
- Earned wages
- Wrongful discharge from employment
- Additional claims
Each of these claims requires that certain elements be proven to the Judge or Jury deciding your case. If even only one of the needed elements is not proven, one or more of your claims may be dismissed. This means you will not receive compensation for your injury. Knowing what elements must be proven under each maritime claim and how to prove these elements is the business of an experienced maritime practitioner and the trade honed by Brais Brais & Rusak for nearly 30 years.
The attorneys at the law firm of Brais Brais & Rusak have the experience to protect your rights, the compassion to serve your needs, and the skill to obtain the compensation you deserve. To reach our lawyers you may click email the firm, call 1-800-499-0551 from within the U.S., Skype BraisLaw worldwide or click Contact Us to select and complete a form for a free evaluation of your case.