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Crew Member Injury Attorney

seaman boat

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 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, the vessel owner and, in some instances, even the vessel itself, referred to as an “in rem” claim under varies theories that include:

  1. Jones Act Negligence
  2. Unseaworthiness
  3. Maintenance & Cure
  4. Earned Penalty Wage Claim
  5. Unearned or Sick Wages

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 Law Firm for nearly 30 years.

Contact the Firm for a Free Evaluation

The Florida tug and barge accident attorneys of the law firm at Brais Law Firm have the experience to protect your rights, the compassion to serve your needs, and the skills to obtain the compensation you deserve. Our firm’s primary office is located in Miami, FL, although we routinely handle claims throughout the state of Florida. To reach our lawyers call 305-416-2901 from within Florida, call 800-499-0551 from within the U.S., or click Contact Us to complete a form for a free evaluation of your case and to learn how the “AV” Preeminent, Multi-Million Dollar Advocates and Board Certified Maritime Attorneys with Brais Law Firm might be able to help you today.

Client Reviews
After my accident I contacted them right away. I was able to see them the same day and was kept in contact throughout the process. Everyone in the office was very accommodating, polite and professional. I highly recommend Brais Law and think very highly of their lead attorneys. They helped me WIN my case, and I am forever grateful. They went above and beyond to assist me. Thank you all so very much. H.S.
The entire law firm of Brais Law were extremely helpful in handling my snorkeling accident. The firm takes customer service to a new level, not only being readily available, but courteous, respectful, sympathetic, and empathetic. The firm, especially Keith and Karla, were always quick to return calls, offer updates, and provide guidance and information. There is no comparison when it comes to firms. If you need legal advice or representation, especially concerning maritime events, contact Keith and his crew first and save yourself a lot of time and heartache! J.C.
I was looking to refer a client injured on a cruise ship and had the pleasure of speaking to Keith. Keith was extremely helpful and he took time out of his day to provide some guidance. If you're looking for a Admiralty & Maritime /Personal Injury Lawyer in Florida, I would highly recommend Brais Law Firm! T.C.