Navigating the Different Aspects of Personal Accident and Injury Insurance as a Maritime Worker

The maritime industry in Miami, Florida, employs thousands of people for various jobs and duties. What many employees might not be aware of is the fact that they’re not covered by Florida’s workers’ compensation laws in the event they’re injured on the job. Instead, they’re covered by a set of regulations and rules known as maritime law. In the United States, maritime law is handled at the federal level instead of the state level and can create confusion when filing a claim. Talk to a maritime Lawyer in Miami, FL for assistance with filing a claim under the right set of laws. Here’s a look at why.

The Jones Act

The Jones Act allows seamen the right to sue their employer for injuries received through employer negligence. The act requires the employer to provide a reasonably safe workplace and maintain ordinary standards of care and safety on the vessel. Any negligence by the employer that results in injury of a seaman, no matter how small, allows a personal injury lawsuit to be filed by the seaman. The Jones Act allows a seaman to recover damages from an employer even if the employer’s negligence contributed very little to the incident. It’s true that the burden of proof in the Jones Act is very low. However, it’s best to press a claim for compensation with the help of a maritime lawyer in Miami, FL.

Maintenance and Cure

Maintenance and cure is a part of maritime law that requires the employer to cover the room and board of the seaman while they are recovering from their injuries. The language used in the law is antique, but the intent behind maintenance has been updated to cover costs that include mortgage or rent, food, utilities, and taxes. No other bills are covered because they’re viewed as optional and not necessary to the operation of a household even though the seaman might not agree.

The cure part of the law covers all medical costs that are incurred as part of the recovery process. That includes everything from doctor’s office visits to medical equipment and transportation costs.

The Longshore and Harbor Workers’ Compensation Act (LHWCA)

The LHWCA is a part of maritime law that covers employees who work as longshoremen or in the harbors that adjoin areas of navigable waters. Employees who perform tasks such as loading or unloading freight, operating machinery, or repairing ships are covered by this act. Anyone who is eligible for state workers’ compensation is ineligible for benefits from the LHWCA.  In the event there’s uncertainty about eligibility, talk to a maritime lawyer in Miami, FL for help with filing a claim.

Maritime law is a comprehensive set of laws and regulations that helps seamen with getting compensation for injuries received while at sea or on the dock. Getting help from a lawyer when filing a claim ensures that the claim gets filed under the right set of laws and eliminates delays in compensation.