Friday, 3 March 2017

Maritime Attorney And Its Advantages To The Seafarers

By Martha Richardson


The laws on maritime injury have a lot of differences from the laws on land based injury. However, they only have one similarity and that is to provide some useful benefits to people who are injured when doing their services. The law has stated that when a person qualifies as Jones Act or as general law seaman, it means that he is then entitled for receiving benefits.

Through this, the seaman will also be having a requisite connection with a vessel or with a shore side employment situation. It is unlike the workers comp programs. A person is being entitled on making a claim for pain and for suffering. There will also be claims for earnings loss, emotional injury or loss, life enjoyment loss, etc. To file for the claims becomes much easier when asking help from maritime attorney Boston MA.

Furthermore, there are no limits to a loss amount that can be covered. Most of the injured workers would immediately think of the workers compensation. This is because most of them are unaware when it comes to these additional entitlements that are made available under the law. Another possible reason is that they may have fear that much larger claims may take advantage on the entitlements of laws.

There are some circumstances wherein those injured employees are being presented for signing the workers compensation though a particular worker was being entitled to the benefits of maritime law. There is common false security sense which is being provided to workers by channeling to workers compensation. And most often, this leads to not questioning whether the additional benefits are made available.

And since the employees do not have any awareness about this, there are class action proceedings being conducted and the result is the additional benefits are received by maritime workers. So therefore, the most efficient and the easiest way to determine whether a worker is to be entitled on receiving the benefits is by the no charge initial consultation. Consultations are given by a legal counsel.

For some situations, benefits may possibly exceed the laws which are all under the general maritime law or the Jones Act seaman. It is necessary for a vessel unseaworthiness to be proven, which is being known as negligence of Jones Act. Meaning, it is the featherweight amount negligence.

The unseaworthiness would include those inadequacies in both staffing and manning of vessel, failure or inadequacy of equipment, equipping or outfitting adequately the vessel for navigation. The negligence amount of a featherweight is what the Jones Act negligence has been requiring. Person errors, negligent acts of employees, and mistakes committed by staff, crew members, or officers maybe constituted in the featherweight negligence.

There are some circumstances as well that do not present the advantages to claimants. To pursue this law is sometimes being inappropriate and is sometimes disadvantageous. And thus, clients are advised to obtain the law only when the free agreement has been signed already.

Therefore, it would be better to have a consultation with a legal competent counsel in Boston MA. Some circumstances may have some limitations when it comes to the period of filing the claim. And thus, failure in taking the action may result to the loss of rights.




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