Know Your Rights After A Maritime Injury In Miami

rights after maritime injury miami fl injuries lawyer

Miami is the financial, cultural, and economic hub of Florida. It is home to the Dante B. Fascell Port of Miami or Port Miami, the world’s biggest passenger port. The port accounts for $1.60 billion to the economy. It also employs about 334,500 people directly or indirectly. 

With so many people working at the port, injuries are very likely. If you are a maritime worker at Port Miami or know someone who is, continue to read this article. Here we discuss the rights of a marine worker who is injured while working. Hiring a Miami maritime injury attorney who can help you with the legal process of claiming your injury benefits is the best plan of action. 

Determining Whether It’s A Maritime Injury Or Not 

A maritime injury does not necessarily occur at sea. It can occur at a port or on a ship or boat. Maritime injury laws are hugely different from personal injury laws. They are governed by several authorities such as Miami state law, federal law, international treaties, contract law, and foreign law. 

For example, if you were injured in the navigable waters within the state, state law applies. If the injury occurred over three nautical miles offshore, federal laws apply. Therefore, determining exactly where the injury occurred will help decide whether it is a maritime injury. 

Right To Receive Maintenance And Cure 

The Jones Act, along with the U.S. general maritime law, applies here. On establishing that you are a maritime worker, you have a right to receive maintenance and cure from the employer. Maintenance is the daily wages lost due to injury, and cure is the expense of medical treatment required to recover. 

Right To Maintenance And Cure For Non-Seamen 

Of the millions of people that work at Port Miami, only 22,000 are seamen. The remaining are either longshoremen or dockworkers and harbor workers working in shipyards. They can claim compensation of 66.7% of wages under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The Act also provides other benefits such as permanent disability benefits and reduced work capacity due to loss of limb compensation. 

Compensation To Family On Death 

The Death on the High Seas Act (DOHSA) ensures that your family receives fair compensation in case of your death while at work. The relief can include financial support, funeral expenses, and medical expenses for your treatment before dying. 

Either your spouse, children, parents, or legal dependents can claim these benefits. You can contact a Miami maritime injury attorney to navigate through the claim filing process. 

Strict Liability Applicable In Certain Cases 

When injured, if you can prove that your employer failed to comply with federal crew safety rules, you are entitled to recover the full extent of your damages. For example, if you think that your damages amount to $1 million, take your employer to court on this. 

If the jury finds that you were at 90% fault, you will receive $100,000. However, if you can prove that your employer neglected federal crew safety laws, you will receive the entire $1 million. 

Right To Arbitration 

Shipping and cruise companies can be tricky in their employment agreements. They have you waive certain rights as part of the bargaining process. In such cases, even when you have waived off your rights, you can still present your case for arbitration before the International Dispute Resolution Center, the American Association of Arbitration (AAA). The arbitration rules are complex, and a Miami maritime injury attorney can tip the scales in your favor. 

The high seas can give you great joy, but also can cause high distress. Working on the harbor, port, or vessel can cause a number of injuries or even death. Here, you have a right to be compensated for any loss due to the accident. A maritime injury attorney can represent your case and get you a fair deal.

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