Miami Maritime Injury Lawyer Assisting Victims of Marine Accidents & Casualties in Florida & Nationwide

Generally speaking maritime law also governs all accidents occurring on inland, coastal and ocean navigable waterways, including injuries aboard sea-going vessels, cruise ships, yachts, ferries, tugs, barges, oil rigs, riverboats, pilot boats and fishing boats.

Navigable waters means waterways that have direct or indirect access to the ocean versus a land locked lake. In certain instances even an airboat accident in the everglades may be controlled by maritime law. “Admiralty and maritime Law” is principally made up of Federal Statues, International Treaties and federal common law, otherwise known as “general maritime law”. In certain instances, courts deciding a case based upon maritime law may even “borrow” state law to the extent it is not inconsistent with well-established principles of maritime law. A maritime practitioner will one day be in state court arguing a federal statute and the next be in federal court citing to an international maritime treaty.

Hiring a law firm that specializes in the field of law governing your claim will give you a significant advantage and, more likely than not, a better outcome over hiring a “general practice firm.” Brais Law Firm was formed based upon the principle that clients in need of legal maritime expertise are best protected and served by attorneys who specialize in and have dedicated their professional lives to maritime law. We are not the answer to all clients’ problems. On the other hand, if your claim concerns admiralty and maritime law in the States of Florida, Massachusetts or Texas then the law firm of Brais Law Firm is here to help. Your selecting the board certified maritime lawyers at Brais Law Firm to represent your interests may well be the most important factor influencing a favorable financial resolution to your maritime claim.

The attorneys at the law firm of Brais Law Firm 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 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.

Who Qualifies as a Maritime Worker?

To file a maritime accident claim, you need to qualify as a maritime worker. So, do you qualify?

A maritime worker is anyone who works in an occupation connected to the sea. Cargo ship crewmembers and fishermen are maritime workers, and so are charter captains, longshoremen, and harbor workers. If your job has anything to do with the water, this means that you are a maritime worker.

Why Does It Matter if You Are a Maritime Worker?

Let’s say you are a maritime worker. Why is this important? It is important because it affects your legal rights when you get injured on the job. While land-based workers in non-maritime occupations can file workers’ compensation claims under state law when they suffer job-related injuries, these laws do not apply in the maritime setting.

Instead, maritime workers’ rights exist under federal law. Specifically, there are three federal laws under which a Miami maritime lawyer can help their clients seek just compensation in most cases:

• Merchant Marine Act (Jones Act) – The Merchant Marine Act, more commonly known as the Jones Act, protects maritime workers who qualify as “seamen.” If you are a seaman, you can file for maintenance and cure benefits after any job-related accident, and you may be able to file additional claims as well.
• Longshore and Harbor Workers Compensation Act (LHWCA) – The Longshore and Harbor Workers Compensation Act (LHWCA) protects maritime workers who suffer injuries on navigable waters, docks, piers, terminals, and other adjacent areas. It provides benefits similar to those available under most state workers’ compensation laws.
• Outer Continental Shelf Lands Act (OCSLA) – The Outer Continental Shelf Lands Act (OCSLA) protects maritime workers who spend their days on fixed rigs and platforms at sea. The OCLSA extends the benefits afforded by the LHWCA to maritime workers who would not otherwise qualify.

A fourth federal law, the Death on the High Seas Act (DOHSA), provides important legal rights to family members who have lost maritime workers at sea. The Jones Act provides wrongful death compensation as well; and, if you have lost a loved one, a Miami maritime accident lawyer can help you understand which type of claim you should file.

When Can You File a Claim for a Maritime Accident?

So, you are an injured maritime worker, or you have lost a loved one in a tragic accident at sea. Are you entitled to file a claim?  

There is a good chance that the answer to this question is, “Yes.” With the exception of DOHSA, a key aspect of all of the laws discussed above is that they provide compensation on a “no-fault” basis. This means that maritime workers and their families do not need any evidence of the fault in order to receive benefits. While proving fault allows for the recovery of additional compensation under the Jones Act (and allows families to file claims under DOHSA), even “no-fault” claims can provide injured workers and families with much-needed financial stability.  

All types of accidents can justify maritime injury and wrongful death claims. For example, our Miami maritime injury lawyer handles cases involving:

• Accidents involving coworker negligence
• Accidents involving equipment malfunctions and machinery failures
• Accidents involving lines, nets, winches, windlasses and capstans
• Capsizing or running aground
• Collisions with other vessels or stationary objects
• Drowning and near-drowning accidents
• Exposure to harmful fumes, chemicals, bacteria or viruses
• Fires and explosions
• Hazardous weather and sea conditions
• Hazardous working conditions (i.e. welding without proper ventilation)
• Inadequate safety equipment or safety precautions onboard
• Slips, trips, and falls

We Represent Maritime Workers and Families Nationwide

From our firm’s principal office in Miami, we represent maritime workers and families nationwide. Whether you are a permanent resident of Miami, you moved to Florida to take a job in the maritime industry, you live in Florida and have lost a loved one in another state, or you are simply looking for a highly-experienced maritime accident lawyer to assist you, we can help. Our experience includes recovering just compensation for clients located in:

• California
• Florida
• Georgia
• Maryland
• Massachusetts
• New Jersey
• New York
• Texas
• Washington

FAQs: Filing a Claim for Compensation After a Maritime Accident

Is It Common for Maritime Workers to File Injury Claims?

Yes, maritime accidents are a regular occurrence, and injured maritime workers file claims all the time. But, the unfortunate reality is that far too many maritime accidents still go unreported. By hiring a Miami maritime lawyer to file a claim on your behalf, not only can you receive compensation for your injury, but you can also help raise awareness of the risks workers in your position face on a daily basis.

Can I Lose My Job if I File a Claim for a Maritime Accident?

Your employer cannot fire you because you filed a claim for your maritime accident. You have the legal right to file a claim (if you qualify), and you cannot lose your job for asserting your rights. But, if you are no longer able to do your job because of your injury, then this could justify your employer terminating your employment. If you are concerned about losing your job, we strongly recommend that you speak with a Miami maritime accident lawyer before making any decisions.

Is It True that I Can Only Recover Maintenance and Cure Benefits?

Some employers will tell their employees that they only qualify for maintenance and cure benefits. While this is true in some cases, many injured maritime workers are entitled to additional compensation. If your employer is telling you this, it is looking out for its own financial interests, not yours. It doesn’t want to be held accountable for causing your injury. Rather than trusting your employer, you should seek advice from an experienced attorney.

What if My Employer Denies My Maritime Accident Claim?

Employers routinely deny their employees’ maritime accident claims—including claims for “no-fault” maintenance and cure benefits. If you have been denied benefits under the Jones Act, LHWCA or OCSLA, you should not accept your employer’s (or its insurance company’s) decision. Instead, you should discuss your legal rights with an experienced Miami maritime injury attorney.