Got hurt from workplace
I'm looking for a lawyer that will help me get my dad's case through, he got hit in the head with a broken cable wire while working on the fishing boat on sea going towards panama.I was wondering how to start off with this kind of case?
Attorney answers (5)
Dale Thomas Wagner
Reputation Level 3
Answered over 3 years ago.
Workers' Compensation Lawyer in Stanwood, WA.
You should look for an attorney that specifically practices "Maritime" law. Your dad is entitled to maintenance and cure since he was injured on the vessel and the vessel owner may be liable to him under the Jones Act. A maritime attorney can explain this to you.
Glenn Jay Holzberg
Reputation Level 10
Answered over 3 years ago.
Admiralty / Maritime Attorney in Miami, FL.
Your fathers claim is governed by a Federal Law known generally as The Jones Act which provide refilef to anyone working "in maririme commerce" like your father who was injured at sea. You must 1st contact a Maritime Lawyer.There are very good maritime lawyers in Seattle, several of the best i know through mebership in the Admiralty section of the American Association for Justice (formerly the Association of Trial Lawyers of America).
YoUr fathers lawyer will notify the ships owner of his claim and make a demand for "maintenance and cure " benefits which is support money (food and housing commensurate (equal) with what he was provided on the ship) until he reaches maximum medical cure (MMC)-he is treated by a doctor of his choice until he can get no better with more medical treatment- the maintenance) and "cure" which is payment of his medical bills, prescriptions, medical equipment and devices, surgery etc.) until he reaches MMC.
His lawyer can then sue for his injuries under negligence theories against the ships owner, typically covered by insurance and for an unseaworthy vessel, along with any damages cuased by the owners failure to timely pay maintenance and cure benefits, unreasonable delays in treatment, and sometimes attorneys fees for willful failure to pa these benefits.
Depending upon the nuture and severity of the injuries these can be very lucrative claims. iF YOU NEED HELP IN FINDING A QUALIFIED AND EXPERIENCED MARITIME ATTORNEY PLEASE CONTACT MY OFFICE.
James Madison Walker
Reputation Level 3
Answered over 3 years ago.
Admiralty / Maritime Attorney in Miami, FL.
The answer to your question depends on the identity and location of the company or companies which owned and/or operated the vessel and which employed your father. Injuries ar sea are governed by the General Maritime Law and often require the involvement of an experienced maritime lawyer. Owners and operators of vessels are potentially liable to the crew member for dangerous or "unseaworthy" conditions. The maritime employers are potentially liable if thier negligence, often characterized as the "slightest" degree of negligence, caused or contributed to the accident. Once you determine the name of the employer/owner/operator, you should consult with a maritime lawyer in that state. Most attorneys offer an initial free and no obligation initial consultation.
Gordon Charles Webb
Reputation Level 8
Answered about 3 years ago.
Personal Injury Lawyer in Bellevue, WA.
First off, your dad needs to speak with a doctor and then a maritime lawyer. He not only is entitled to maintenance (daily living benefits equivalent to what he had on board the vessel) and cure (medical benefits until maximum medical cure), but he is also entitled to his unearned wages, the wages but for the injury that he would have earned to the end of his contract or voyage. Furthermore, he may also be entitled to past and future lost wages, pain and suffering and other damages for injuries arising out of the accident. To recover such damages your father must bring claims in a court of law within 3 years of the date of the accident against his employer under the Jones Act, and the vessel owner under the doctrine of unseaworthiness. In addition, he may have claims under the general maritime law of negligence. An important aspect of your father's potential claims is the location of the vessel owner and the employer. For example, if he was working for an employer doing business in Washington, then his claims could be brought in Washington, likewise against the vessel owner. Remember, though, he only has 3 years and medical treatment first, and then contact a maritime lawyer.
Gordon Charles Webb
Reputation Level 8
Answered about 3 years ago.
Personal Injury Lawyer in Bellevue, WA.
First off, your dad needs to speak with a doctor and then a maritime lawyer. He not only is entitled to maintenance (daily living benefits equivalent to what he had on board the vessel) and cure (medical benefits until maximum medical cure), but he is also entitled to his unearned wages, the wages but for the injury that he would have earned to the end of his contract or voyage. Furthermore, he may also be entitled to past and future lost wages, pain and suffering and other damages for injuries arising out of the accident. To recover such damages your father must bring claims in a court of law within 3 years of the date of the accident against his employer under the Jones Act, and the vessel owner under the doctrine of unseaworthiness. In addition, he may have claims under the general maritime law of negligence. An important aspect of your father's potential claims is the location of the vessel owner and the employer. For example, if he was working for an employer doing business in Washington, then his claims could be brought in Washington, likewise against the vessel owner. Remember, though, he only has 3 years and medical treatment first, and then contact a maritime lawyer.
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