Herschensohn Law Firm, PLLC represents injured seamen, fishermen, deckhands, processors, and ferry workers in Jones Act, maintenance and cure, and Death on the High Seas Act claims throughout Washington State. Free consultation, contingency fee, 24/7 call answering.
Offshore maritime workers don’t need our attorneys to tell them how dangerous their job is. They know. Injuries on production platforms, oil drilling rigs, a dock, or another maritime environment can cause permanent disability or render you unable to live independently and take care of your family. Other injuries may not show up right away. What you attribute to just being tired or sore from your job could be a serious soft tissue injury that, without good medical care, may cause chronic pain or compromised physical abilities. If you have been injured in a maritime accident, our Washington maritime accident lawyer can help you.
If you’ve been hurt in a maritime accident, you may be wondering what your rights are and whether anyone can help you get the money you deserve to pay your bills and compensate you for your pain and suffering. Contact Herschensohn Law Firm, PLLC, today for a free consultation.
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Most Washington employees are covered under the state’s workers’ compensation program. Workers’ comp is an employer-paid benefit that provides an employee injured on the job access to good medical treatment and wage replacement benefits so they can pay their bills while out of work.
Offshore and maritime workers have similar rights, but these are governed by a different set of statutes. If you work on a boat, on an offshore rig, or in other environments on navigable waters, you could instead have rights under laws like:
Maritime workers include those working on a fixed workstation, like an oil rig, and those working on vessels in both the open sea and navigable waters like canals and rivers.
Instead of filing a Washington workers’ compensation claim, you can file a claim under the Jones Act if you’re injured while working in the maritime industry. The Jones Act provides a broader scope of benefits than workers’ comp. In fact, you’re eligible for much of the same compensation as you’d get in a personal injury lawsuit.
Receiving the compensation you deserve under the Jones Act may be more difficult than filing a workers’ comp claim. Your attorney must prove that your employer or another party was negligent, exhibiting serious disregard for the safety of workers.
Your attorney can negotiate a fair settlement to cover all your losses and ensure that you have the money to take care of your family and long-term medical needs. They can also build a strong case and argue on your behalf in court.
Maritime accidents present unique legal challenges, given the complex nature of maritime law and the serious risks involved in maritime operations. Understanding these nuances is essential for effective legal representation, especially when facing the intricate legalities of maritime law.
Maritime accidents, whether involving commercial vessels, recreational boats, or offshore rigs, differ significantly from land-based accidents. The maritime environment poses unique risks, and the legal framework governing these accidents is distinct from traditional personal injury law.
Maritime law, also known as admiralty law, is a distinct body of law governing maritime activities. It covers a wide range of issues, including maritime injury claims, vessel collisions, and environmental damage. This specialized legal area requires attorneys who are not only well-versed in the law but also familiar with the maritime industry. It’s a complicated system, but your Washington maritime accident lawyer can help you forge a way forward.
One of the primary roles of a maritime accident lawyer is to represent maritime workers injured on the job. This includes workers on commercial vessels, oil rigs, and in ports. These cases often fall under the Jones Act, a federal statute that provides protection to seamen injured due to employer negligence.
Victims of maritime accidents may be entitled to various forms of compensation, such as medical expenses, lost wages, and damages for pain and suffering. In cases of wrongful death, families may seek compensation for their loss. A skilled maritime accident lawyer is essential in navigating these claims and ensuring that victims receive the compensation they are entitled to.
Maritime accident cases often involve complex investigations to determine the cause of the accident and identify liable parties. This can include examining vessel maintenance records, safety protocols, and crew actions. Conducting thorough investigations is crucial to building a strong case for our clients.
Dealing with insurance companies and navigating liability issues in maritime accidents can be complex. These cases often involve multiple parties, including vessel owners, operators, and insurance companies. Expertise in negotiating with these parties is critical to achieving fair settlements.
When a maritime accident occurs, you may need help from an experienced Washington maritime accident lawyer. As seasoned attorneys specializing in maritime law, we understand that the aftermath of such incidents goes beyond the visible damages. Let´s unravel the hidden costs associated with maritime accidents and emphasize why securing legal representation is more than just a choice—it’s a necessity.
Following a maritime accident, there are many expenses that can pop up that go beyond immediate medical needs. From chronic pain to long-term rehabilitation, the medical expenses can escalate rapidly. Our experienced legal team knows how to factor in these hidden costs, ensuring that your compensation accounts for present and future medical needs.
When the waves of a maritime accident hit, it’s not just the physical toll that individuals bear. Lost wages due to extended recovery periods or even permanent disabilities can jeopardize financial stability. Working with a Washington maritime accident lawyer can help ensure you gain financial stability following an accident.
Maritime accidents can also leave a toll on your mental health, going beyond physical injuries. The emotional toll of such incidents often goes unnoticed but can be just as damaging. Our legal team understands the importance of addressing mental health concerns and seeks compensation that reflects the full extent of the trauma experienced.
Maritime accidents don’t discriminate—they can extend their reach to personal property as well. From personal belongings to valuable assets onboard, the scope of property damage can be extensive. Our maritime attorneys meticulously evaluate the extent of property damage, ensuring that every loss is accounted for in your compensation claim.
Beyond personal losses, maritime accidents can have severe environmental repercussions. Cleanup costs for oil spills, damaged ecosystems, and regulatory fines can compound the overall impact. Our attorneys can help you navigate the environmental impact and cleanup costs following an accident.
Dealing with insurance companies can be a daunting task, especially when it comes to maritime accidents. The intricate policies and nuances involved often require legal finesse. Our legal team specializes in navigating the complexities of maritime insurance, ensuring that you receive the maximum compensation available under the terms of your policy.
Maritime accident cases involve a labyrinth of legal proceedings and administrative hurdles. Navigating through this complex terrain often requires help from a team of attorneys who bring lots of experience to the table. Our team is well-versed in handling legal intricacies, streamlining the process to ensure a swift and just resolution for our clients.
The hidden costs of maritime accidents are multifaceted, extending far beyond the surface. Legal representation isn’t just an option; it’s a crucial component of securing comprehensive compensation that reflects the true impact of the incident. Our seasoned maritime attorneys are committed to guiding you through the legal intricacies, ensuring that your rights are protected, and you receive the compensation you deserve.
According to the Centers for Disease Control and Prevention (CDC), maritime workers have higher rates of work-related injuries, illnesses, and fatalities than other occupations in the U.S. They are five times more likely to be killed on the job than U.S. employees in other occupations. The nonfatal injury rate is double that of the overall nation workforce.
Understanding the legal nuances of maritime law can be daunting for victims of accidents, but our experienced Washington maritime accident lawyer can help you navigate the legal system and pursue justice and compensation for your injuries.
Maritime law, also known as admiralty law, governs legal disputes that occur on navigable waters. This includes issues related to shipping, navigation, waterside workers’ injuries, maritime contracts, and recreational boating.
Unlike general law, maritime law can involve a mix of U.S. federal law, international law, and, in some cases, state law. Given its complexity, having a specialized maritime accident lawyer is crucial. These lawyers possess the specific knowledge and experience required to navigate the unique aspects of maritime cases, working towards the best possible outcomes for their clients.
A maritime accident lawyer deals with a wide variety of cases, including but not limited to, injuries sustained by crew members and passengers, collisions between vessels, cargo loss or damage, oil spills, and maritime lien claims.
Additionally, they handle cases under the Jones Act, which protects seamen injured in the course of their employment, and the Longshore and Harbor Workers’ Compensation Act, which covers dockworkers and other maritime workers not covered by the Jones Act. Engaging a maritime accident lawyer ensures that individuals affected by these incidents receive professional legal guidance in pursuit of protecting their rights and seeking compensation for their injuries.
Determining liability in a maritime accident involves a detailed investigation into the circumstances surrounding the incident. This can include examining whether there were violations of maritime law, negligence on the part of the vessel operator or another party, or if equipment failure contributed to the accident.
Our experienced Washington maritime accident lawyer will work with professionals to analyze evidence, such as navigation data, weather reports, and maintenance records, to establish fault and hold the responsible parties accountable for your injuries.
If you’re involved in a maritime accident, the first step is to secure your safety and seek medical attention for any injuries. Even if you do not have any noticeable injuries, seeking medical attention can be crucial not only for your health but for your case.
Some injuries may not become apparent until a later time, and having these injuries caught, treated, and documented immediately after an accident is important. Following that, it’s vital to report the incident to the appropriate authorities and document everything related to the accident, including taking photos of the scene, if possible, and gathering contact information from witnesses.
Finally, contact a maritime accident lawyer as soon as possible. An experienced lawyer can provide you with critical advice on how to proceed, help preserve evidence, and start building a case to protect your rights and interests.
The time frame for filing a maritime injury claim, known as the statute of limitations, varies depending on the specific circumstances of your case and the laws that apply. In the state of Washington, maritime claims typically must be filed within three years from the date of the accident, but exceptions exist, such as claims under the Jones Act or claims against cruise lines, which may have shorter filing deadlines.
Maritime workers face unique risks and challenges that are governed by a specific legal framework. If you’ve been injured at sea or in a maritime-related environment, understanding these key terms is essential. At Herschensohn Law Firm, PLLC, we’re committed to helping injured workers across Washington navigate their rights and fight for fair compensation under maritime law. Below are expanded explanations of the key legal terms that may affect your case.
Maintenance and cure is a core concept in maritime law designed to protect injured seamen by ensuring they receive necessary support while recovering from a work-related injury. “Maintenance” covers basic living expenses, such as food, rent, and utilities, allowing injured workers to maintain their standard of living while unable to work. “Cure” pertains to medical expenses, including doctor visits, surgeries, medication, and rehabilitation. These benefits are provided until the seaman reaches maximum medical improvement, which is the point at which further treatment will no longer improve their condition.
For example, if a commercial fisherman injures their shoulder while hauling in a heavy net, their employer is obligated to provide financial support for housing and medical treatment until the injury stabilizes. What makes maintenance and cure unique is that it applies regardless of who was at fault for the injury, making it a vital protection for seamen in hazardous roles.
The Jones Act is a federal statute that provides seamen with the ability to pursue claims against their employers for injuries caused by negligence. Unlike workers’ compensation laws, which provide limited no-fault benefits, the Jones Act allows injured seamen to seek a broader range of compensation. This includes not only medical expenses and lost wages but also damages for pain and suffering, emotional distress, and diminished earning capacity.
For example, imagine a deckhand is injured because the vessel’s operator failed to repair a piece of safety equipment, such as a malfunctioning winch. Under the Jones Act, the injured deckhand can file a claim against their employer, alleging negligence and seeking compensation for their physical and emotional injuries. However, proving negligence under the Jones Act often requires a thorough investigation and strong evidence, which is why working with a knowledgeable maritime attorney is crucial.
The Longshore and Harbor Workers’ Compensation Act is a federal law that provides benefits to maritime workers who are not classified as seamen under the Jones Act. This includes dockworkers, shipbuilders, harbor workers, and other employees who work in maritime-related industries but do not spend a significant amount of time on vessels. The LHWCA ensures these workers can recover compensation for medical treatment, rehabilitation, and wage loss without having to prove negligence.
For instance, a dockworker who suffers a back injury while loading cargo onto a ship would be eligible for benefits under the LHWCA. These benefits typically include coverage for medical bills and partial wage replacement during recovery. While the LHWCA provides important protections, the claims process can involve administrative hurdles and disputes with employers or insurance providers, which is why experienced legal representation can be critical.
The concept of unseaworthiness holds vessel owners accountable for maintaining their ships in a safe and operable condition. A vessel is considered unseaworthy if it lacks proper equipment, has defective machinery, or fails to provide a safe working environment for its crew. Unlike claims under the Jones Act, unseaworthiness claims do not require proof of negligence; instead, the injured party only needs to show that the unsafe condition of the vessel contributed to their injury.
For example, if a seaman is injured because a ladder onboard is broken or unstable, they could file an unseaworthiness claim against the vessel owner. This doctrine is critical in maritime law because it places a strict obligation on vessel owners to protect their crew, ensuring they are working in a safe environment. Compensation for unseaworthiness claims often includes medical expenses, lost wages, and other damages related to the injury.
Navigable waters are defined as waterways used for interstate or international commerce, including oceans, rivers, bays, and canals. This term is significant because maritime law only applies to injuries and incidents that occur on navigable waters. If an accident takes place on a body of water classified as navigable, the injured party can seek compensation under maritime laws like the Jones Act, the LHWCA, or general maritime law.
For example, if a tugboat operator is injured while navigating a barge through a river that connects to an interstate waterway, the accident falls under maritime jurisdiction. Navigable waters serve as the legal threshold for determining whether an injury is governed by state laws or maritime laws, which can impact the rights and compensation available to injured workers.
19219 68th Ave S Suite M-101, Kent, WA 98032, United States
If you or a loved one has been involved in a maritime accident, having an experienced maritime accident lawyer by your side is crucial. Get in touch with us today to see how our Washington maritime accident lawyer can help.
After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.
When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.
When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.
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Workers who spend a significant portion of their work time in service of a vessel in navigation, such as fishermen, deckhands, processors, tug crew, and ferry workers, generally qualify as seamen under the Jones Act and can bring injury claims against their employers that land-based workers usually cannot. Attorney Zach Herschensohn of Herschensohn Law Firm, PLLC has litigated Jones Act claims since the early 2000s. Free consultation: (206) 588-4344.
Maintenance and cure is the vessel owner's obligation to pay an injured seaman's daily living expenses (maintenance) and medical care (cure) until the seaman reaches maximum medical improvement, and it is owed regardless of who was at fault for the injury. Herschensohn Law Firm, PLLC has recovered maintenance and cure for seamen in Washington, including an unpaid maintenance and cure claim. Past results do not guarantee future outcomes. Call (206) 588-4344.
The Death on the High Seas Act provides a federal wrongful death remedy for families when a death occurs on the high seas beyond a set distance from the shore of the United States. It has its own rules on who may bring the claim and what damages are recoverable, which differ from Washington state wrongful death law. Herschensohn Law Firm, PLLC handles Death on the High Seas Act claims; call (206) 588-4344.
Maritime injury claims run on separate bodies of federal law, including the Jones Act, maintenance and cure, and the Death on the High Seas Act, with different deadlines, different courts, and different standards of proof than an ordinary Washington injury case. Attorney Zach Herschensohn built his early career in maritime and asbestos litigation and expanded his practice to maritime injury in 2008. Free consultation: (206) 588-4344.
