Selecting the Right Mississippi Maritime Attorney
One of the most important decisions you’ll ever make is selecting the right Mississippi maritime attorneys to make sure you receive the benefits you deserve after being seriously injured while performing your duties as a seaman. It is important to know where to turn, and what to do after a serious maritime injury. The Mississippi maritime attorneys of Gordon, Elias & Seely, L.L.P., with their impressive team of seasoned, and highly respected lawyers, understand how important your maritime job is to you and your family.
With their lure of lucrative work many Mississippians work in the offshore oil and gas service industry in the Gulf of Mexico or on the barge fleets and tugboats that ply the Mississippi river and other inland waterways of Louisiana and Mississippi, or at a maritime job within one of the Gulf states’ many ports, no matter how potentially dangerous the work may be. Anyone employed in a maritime job is well aware of the hazards that lie in wait which could result in a grave injury and even death.
Maritime Law is Complex
Compensation is often determined by where the accident occurred, the type of rig or ship, your duties aboard the vessel, as well as other factors. A knowledgeable Mississippi maritime attorney understands these complexities will be able to help you make decisions about your case that will result in the most reward and compensation possible. A serious maritime injury directly affects your livelihood, and the wellbeing of your family. Therefore it is important to select a Mississippi maritime lawyer who has the combination of the expertise and experience of litigating maritime cases rather than just hiring a personal injury lawyer. To know if you qualify for these maritime protections, call our experienced Mississippi maritime attorneys at the law office of Gordon, Elias & Seely, L.L.P.
The Jones Act is the everyday name for Section 27 of the Merchant Marine Act of 1920. Jones Act Mississippi maritime attorneys assist their clients in filing compensation claims for health care costs and lost wages due to work injuries, known as “maintenance and cure,” and if negligence is a factor or the vessel is determined to be “unseaworthy”, filing personal injury lawsuits to collect damages which may include pain and suffering.
One of the Basic Questions in Any Maritime Injury Case
One of the basic questions in any maritime injury case is whether the injured party is a seaman, since only a seaman can recover under the Jones Act. You can be sure if you are seeking compensation under the Jones Act, the company lawyers are going to want to be absolutely sure as to your seamen status and whether you were working on a vessel when injured. It is therefore very important to allow your Mississippi maritime lawyer to study the facts surrounding your accident and the vessel to help make the determination of seaman status.
Longshore and Harbor Workers' Compensation Act
The Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901–950, commonly referred to as the "Longshore Act" or "LHWCA" is the statutory workers' compensation scheme that covers certain maritime workers, including most dock workers and maritime workers not otherwise covered by the Jones Act.
The Jones Act
The Jones Act, enacted in 1920 (46 U.S.C.A. § 688), provides a remedy to sailors for injuries or death resulting from the Negligence of an owner, a master, or a fellow sailor of a USA flagged vessel.This law and the benefits it provides are extremely complex. Mariners who are eligible for claims under it should consult an experienced maritime attorney.
There is a distinction in the maritime laws between sea-based workers and land-based maritime workers who have only a transitory or sporadic connection to a vessel in navigation. Land based maritime workers who are not considered Jones Act seamen have certain protections under the Longshore and Harbor Workers' Compensation Act.
What Determines Jones Act Seaman Status?
The seaman’s status for Jones Act coverage depends on the nature of the seaman's service, his status as a member of the vessel, and his relationship as such to the vessel and its operation in navigable waters rather than where the injury occurred. To qualify as a seaman under the Jones Act, the Mississippi maritime worker must spend at least 30% of his time in the service of a vessel on navigable waters. Therefore, the Captain, the Officers of a US flagged vessel and the crew are all considered seamen. Where as, longshoremen, pilots, and those who work on fixed platforms are not normally classified as seamen. Be aware that the statute of limitations for filing for compensation under the LHWCA is short, so it is in your best interest to seek out a Mississippi maritime lawyer as soon as possible after a shipbuilding injury accident, cargo or equipment loading / unloading accidents involving ships and other vehicles, slip and fall injury accidents, machine or heavy equipment operation accidents, and defective tools or other work related products that caused a serious injury, etc.
In addition, the vessel on which a seaman is employed must be viewed as a Jones Act accepted vessel that is registered under the U.S. flag. Qualified vessels can include as tankers, freighters, jack-up rigs, semi-submersibles, towboats / tugs, supply boats, crew boats, barges, lay barges, trawlers, and commercial fishing vessels such as shrimp boats. (The list is much longer than just these vessels.)
Unhappy With the Maritime Company's Insurance Settlement Offer?
Many times after a serious injury a maritime worker will met with their company’s attorney, and try to resolve his/her case. Unfortunately Insurance companies will often fight to pay the minimum recovery amounts to injured maritime workers. If you are unhappy with the results, you can still consult with one of our Mississippi maritime attorneys.
If you have been seriously injured Call us at 800-773-6770 or contact us online to schedule a free initial consultation. An experienced Mississippi maritime attorney will be available to answer your questions.
Occupational Safety & Health Administration
Safety and Health Topics
From 2003 to 2010, 823 oil and gas extraction workers were killed on the job-a fatality rate seven times greater than the rate for all U.S. industries…..The information and resources provided on this web page can help workers and employers identify and eliminate hazards in their workplace.