Maritime Accidents

Injured at Sea? Workers’ Compensation in Florida’s Maritime Industry

Published on: August 23, 2024 | by Gerson & Schwartz, P.A.

Florida’s many miles of coastline comprise a thriving maritime industry of workers serving cruise lines, cargo operations, and many other water-based activities. However, working on the water comes with inherent risks. If you were injured in a maritime accident on the job, you wonder about your rights. There are workers’ compensation laws in Florida, but they do not apply to maritime workers in the same way as employees in other market sectors.

Being injured in any workplace accident can be physically, emotionally, and financially draining, so it is crucial to pursue all legal options. Fortunately, you may be protected by two federal workers’ compensation laws specifically intended for maritime employees. A Miami maritime accident attorney can provide details on what workers are covered by these laws, but the answer depends on the specific nature of your work.

1. Longshore and Harbor Workers’ Compensation Act

Tragedy as Teen is Killed in Miami Boating Accident

Published on: August 2, 2024 | by Gerson & Schwartz, P.A.

Memorial Day Weekend is well-known as the unofficial kickoff to the summer social season, but this year’s celebration was dampened by a horrific boating accident in Key Biscayne near Miami. According to a May 23, 2024, article in the Miami Herald, a 15-year-old girl was water skiing on a family boat when she was struck by another vessel. The at-fault boat did not stop at the scene, so initial reports indicated that the boating accident was a hit-and-run. However, the owner of the craft that struck the teen checked in with police and is cooperating with the investigation.

Surviving family members may have a claim against the at-fault boat operator, but there are numerous factors that affect the legal process. The status of the victim, timing, and theories of liability are all issues you need to know. Your Miami boating accident lawyer can explain specifics, and there are some legal points that are useful as an overview.

Wrongful Death Action

How Can I Recover Lost Wages Under Florida Maritime Laws?

Published on: March 8, 2024 | by Gerson & Schwartz, P.A.

Miami is a major cruise port, and one of the busiest cargo ports in the world, and businesses that support these industries employ thousands of dedicated maritime workers. Unfortunately, this sector is also one where injuries and accidents are common. Employees working on vessels, docks, and wharves are at risk, and the threat of injuries also affects many workers who support the maritime industry. If you were injured or lost a loved one because of an accident, it is a relief to know that you have legal remedies.

However, with maritime accidents, there are multiple laws that provide remedies for injured workers to recover lost wages. The details vary according to your position, as well as the circumstances surrounding your employment. It is wise to retain a Miami maritime injuries attorney for assistance with your case, but some general background is also informative.

Jones Act

Five Things to Do After a Maritime Accident in Miami

Published on: November 11, 2022 | by Gerson & Schwartz, P.A.

Maritime employees work in amazingly dangerous conditions, so it is a relief to know that there are multiple programs under federal law that are akin to workers’ compensation. Though the qualifying criteria vary, the Jones Act, Longshore and Harbor Workers’ Compensation Act (LHWCA), and Death on the High Seas Act (DOHSA) are just a few of the laws that allow injured employees to recover benefits after a maritime accident.

No matter which statute applies to your situation, you must comply with the statutory requirements and follow proper procedures to pursue a maritime accident claim. These issues are complicated, so you should rely on your Miami maritime injuries lawyer for details. Still, your rights also depend somewhat on your actions after the accident, and some tips on things to do will help guide you.

Get Medical Care: Your first priority is getting treatment for your injuries, so head to the ER or an urgent care facility right away. Even if you believe the harm to be minimal or you do not know how badly you were hurt, it is important to see a doctor to ensure your maritime injuries are documented via your medical records. When you do seek medical care, make sure to tell your treating physician that your injuries were the result of work-related conditions.