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Marine Accidents & Casualties Nationwide
The maritime and admiralty law firm of Brais Law Firm has more than 28 years of combined trial experience for victims of marine accidents and casualties nationwide. If you or a loved one has a maritime claim involving personal injury or death on navigable waters, yacht & boat owner insurance disputes, or unsafe marine products, a Florida maritime lawyer at Brais Law Firm, can help you. At Brais Law Firm, we help those who are bewildered and overwhelmed by personal tragedy. Our offices are conveniently located in Miami, Florida, major vessels and cruise ship hubs. In addition, we routinely handle claims throughout the United States.
We represent accident victims and families left behind after wrongful death on a contingency fee basis. Therefore, you owe no attorney fees unless we recover compensation for you. With 70 years of combined trial experience, Brais Law Firm has the expertise to protect your rights, the compassion to serve your needs, and the skill to obtain the compensation you deserve.
Our Leading Maritime Law Firm Is Here to Help You
Generally speaking, maritime law governs all accidents in inland, coastal, and ocean navigable waterways. This includes injuries aboard sea-going vessels, cruise ships, yachts, ferries, tugs, barges, oil rigs, riverboats, pilot boats, and fishing boats. Navigable waters mean waterways with 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” comprises 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 an international maritime treaty.
Hiring a law firm that specializes in the law governing your claim will give you a significant advantage and, more likely than not, a better outcome than hiring a “general practice firm.” Brais Law Firm was formed based on the principle that clients needing maritime legal expertise are best protected and served by a highly specialized maritime attorney in Florida who has dedicated their professional lives to maritime law. If your claim concerns admiralty and maritime law in the United States, the law firm Brais Law Firm is here to help. Choosing the board-certified maritime lawyers at Brais Law Firm to represent your interests may be the most critical 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, 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.
FAQ’s
Who Qualifies As A Maritime Worker?
To file a maritime accident claim, you need to qualify as a maritime worker. A maritime worker is anyone who works in an occupation connected to the sea. For example, cargo ship crewmembers and fishermen are maritime workers and charter captains, longshoremen, and harbor workers. You are a maritime worker if your job has anything to do with the water.
Why Does It Matter If You Are A Maritime Worker?
Being a maritime worker 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 maritime accident 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 “seaman”. If you are a seaman, you can file for maintenance and cure benefits after any job-related accident, and you may also be able to file additional claims.
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. In addition, 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. If you have lost a loved one, a 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 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.” Except for DOHSA, a vital aspect of all the laws discussed above is that they provide compensation on a “no-fault” basis. This means maritime workers and their families do not need any evidence of fault to receive benefits. While proving fault allows for the recovery of additional compensation under the Jones Act (and will enable 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 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, we represent maritime workers and families nationwide. Whether you are a permanent resident, have a job in the maritime industry, lost a loved one in another state due to a maritime accident, or simply looking for a highly-experienced maritime accident lawyer to assist you, we can help. Our experience includes recovering just compensation for clients located nationwide.
Is It Common For Maritime Workers To File Injury Claims?
Yes, maritime accidents are a regular occurrence, and injured maritime workers file claims. But, the unfortunate reality is that far too many maritime accidents still go unreported. By hiring a maritime lawyer to file a claim on your behalf, you can receive compensation for your injury, but you can also help raise awareness of the risks workers in your position face daily.
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 can no longer do your job because of your injury, this could justify your employer terminating your employment. If you are concerned about losing your job, we strongly recommend you speak with a 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 tells you this, it is looking out for its financial interests, not yours. In addition, 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 insurance company’s) decision. Instead, you should discuss your legal rights with an experienced maritime accident attorney.