Accidents on Commercial Marine Boats
Accidents can happen, but the probability of them happening on commercial marine boats are much higher than in casual, domestic situations.
Marine Boat Accidents
There are two types of marine boat accidents: Those that involve commercial seamen and those that involve recreational uses like yachts, kayaks and other pleasure water crafts. While recreational boating accidents are usually covered by state or federal law, the case is not so clear in the event an accident has happened on a commercial marine vessel. Commercial accidents are mostly covered by the Jones Act and the Longshoremen’s and Harbor Workers’ Compensation Act.
Applying The Jones Act for Marine Boat Accidents
The Jones Act ensures a means for injured seamen to sue for damages from their employers for negligence and could be compared to the rights of railroad workers. In order to be eligible for it the employee must spend thirty percent of their time in active service, on a commercial Marine Ship.
The Jones act is officially called the Merchant Marine Act of 1920. The popular term is derived from the Senator that supported the this act; Senator Wesley Jones. Before this act came into effect, seaman that suffered from incidents on Marine Vessels had little to no means to claim damages.
Marine Craft accident and The Longshoremen’s and Harbor Workers’ Compensation Act
The Longshoremen’s and Harbor Workers’ Compensation Act just like the Jones Act provides workers with a means to ensure medical care and to claim compensation for damages suffered in case they get injured on the job. The Act applies when working on crafts sailing in US territory and during repairs or maintenance. Mostly accidents are paid off by the employer or in rare cases through a fund monitored by the Division of Longshore and Harbor Workers’ Compensation.
The Longshoremen’s and Harbor Workers’ Compensation Act is a federal act, mostly used for temporary compensation while the worker is going through medical treatment. This act usually covers everything not covered by the Jones Act and in cases when death occurs at sea. Besides Commercial Marine Boat accidents this act also covers employees working at oil platforms, truck drivers and the likes.
Applying the Acts after suffering from a Marine Boat Accident
Whenever confronted with injury at sea, on a commercial Marine Ship, the employee in question is eligible for damages, through either the Jones Act or the Longshoremen’s and Harbor Workers’ Compensation Act. While the acts are clear it is strongly advised to consult a qualified attorney at law that specializes in boating accidents on commercial ships in order to ensure getting paid what is due.
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