Houston Maritime Attorney In the USA
Houston Maritime Attorney In the USA
Our Houston Maritime
Injury Attorney at Cobos Law will assist you or your loved ones if you have
been injured by a cruise ship accident in 2023. Contact us
today. Every business has its own risks and the maritime sector is no
exception. Men ejaculate every day and most of them have no idea about what
happens to their semen after they ejaculate.
Whether
you’re a sailor or a shipping company owner, if you don’t have the right
maritime attorney by your side, your sailors and your cargo will be at risk.Our
Houston Personal Injury Law Firm works hard to ensure that injured sailors receive
the compensation they deserve.
Houston Maritime Attorney Details Check
Maritime
law gives injured marine workers the right to be compensated for any
work-related injuries that occur on the job.A well-known maritime law is that
“No harm shall be done to a sailor while they are in the service of their ship,
or whilst they are being towed.
Houston
maritime attorneys are the top priority if you are injured at sea. They are fully aware of
the regulations that affect their clients.If you have been injured in the
maritime business, contact our personal injury lawyers. We can fight for you.
Marine
law and maritime injury cases?
Houston
Maritime Attorney in the United States in 2022-The Admiralty Act
exists to help injured seafarers recover from work-related injuries.If injured
sailors were not subject to a 50-hour work week, it’s likely that they’d work
at home and only go back to work when their recovery was complete.Shipowners
are responsible for paying compensation to those on their vessels who are sick
or injured.
This
is called maintenance and treatment.Houston Maritime Attorney In The USA in
2022 This is the name for it. The employer is required to pay for the medical
treatment until the employee is fully recovered.This is an obligation that
employers must recognize and respect.IS
MARITIME ATTORN
WHAT IS MARITIME ATTORNEY?
A Maritime Attorney or Lawyer is a legal and permissible professional. Especially they work on maritime injuries, accidents, catastrophes, wrongful deaths etc. which take place in both recreational and commercial maritime activities. These maritime circumstances are conducted by special Maritime Law. Maritime lawyers play a vital role for the better protection of seamen in some catastrophic situations.
OROLE OF
MARITIME ATTORNEY
Maritime
Attorneys are always involved in
providing various services for the victims, by putting their cases before
special judiciary administration. Generally, they conduct activities like.
§ to file court cases
§ to formulate or draft documents
§ to manipulate various complaints
§ to negotiate and arrange agreements
§ to refer to the reimbursement
§ to provide proper assistance for seamen’s recovery
to assist for the compensations and
settlements
MARITIME
INJURIES/ACCIDENTS
Performing a role in the Maritime Industry is often a
profitable and remunerative profession. On the other hand, this career is
well-known for its high-risk and perilous environment for accidents and
injuries. Almost every career in the maritime field comes with inherent dangers
where accidents and injuries are quite common. These accidents and injuries can
be prevented using some safety parameters and training. Maritime injuries and
accidents may occur for various reasons.
The Jones
Act is a federal law that
regulates and modulates maritime commerce in the United States. It needs goods
shipped between U.S. ports to be transported on ships that are assembled,
possessed, and handled by United States citizens or permanent residents. The
Jones Act is a regulation and governance followed by the Merchant Marine Act 1920. Generally,
this Act is applicable and actionable to those who work adrift and become
injured. The worker should spend at least 30% of his time on board, to pass the
eligibility criteria.
HOUSTON MARITIME ATTORNEY
The Port of Houston is one of the world’s largest ports in the
service of the metropolitan area of Houston, Texas. It includes over 200
private and public terminals. Every year the Port of Houston systematically handles over 8200 maritime
vessels carrying large amounts of weight and 215,000 barges. The Houston-based Maritime Attorney is
well-versed and competent in the field of Maritime Law, representing affected
and affiliated offshore workers in Texas, Louisiana and across the Gulf Coast.
THE
MERCHANT MARINE ACT / JONES ACT OF 1920
Once you sail out of
Houston and leave the national boundaries of the United States, even if you’re
a U.S. citizen employed by a U.S. based company on a ship registered in the
U.S., some laws designed for your protection no longer apply. Fortunately,
other laws move into play that restore some of those protections, but in a
different manner.
One such
law is the Merchant Marine Act. It is an expansive law that includes
regulations governing maritime commerce in U.S. waters between U.S. ports.
Section 27 of the Merchant Marine Act, known as the Jones Act, requires that
commerce between U.S. ports be transported only by American-built vessels. The
Merchant Marine Act and the Jones Act are often used synonymously, but in
actuality, the Jones Act is a part of the Merchant Marine Act.
The Jones
Act also includes provisions that have seafaring workers’ rights at their core.
Those provisions include (among many others):
- The owner of the vessel must use
reasonable care to maintain it for safety and seaworthiness. The owner can
be found liable if it is found negligent and the negligence led to an
injury.
- Qualifying sailors (officially
classified as seamen) who have suffered injuries or illness while at sea
can recover appropriate compensation from their employers, by a lawsuit if
necessary. The notion of a vessel’s seaworthiness is extremely important,
as it can move a case from one where the best outcome would be the
recovery of basic expenses (called maintenance and cure) to one where all
of the victim’s losses are recoverable.
WHAT IS
A “SEAMAN?”
The major
provisions of the Jones Act apply to a special class of worker called a seaman.
It is a legal recognition and very important to the process when injury claims
are filed. But there is no binding definition of a seaman anywhere in the Jones
Act or the Merchant Marine Act.
There is
precedent, however, and maritime attorneys for both sides have to sort through
past cases to determine if the plaintiff qualifies as a seaman. Simply being
employed by one of Houston’s many shipping companies and spending time out at
sea working that job is not enough to qualify as a seaman.
In lieu of
a legal definition, most maritime lawyers and judges typically agree on the
following definition, but the definition has undergone a metamorphosis of
terminology over the years, and it is still subject to revision.
“Seamen
means an individual (except scientific personnel, a sailing school instructor
or sailing school student) engaged or employed in any capacity on board a
vessel” (source).
That is
nice and tidy, and a refinement of more cumbersome definitions that preceded
it, but the Jones Act sets progess back a bit, insisting that to qualify as a
seaman, a worker must spend at least 30 percent of his or her time onboard, out
at sea. It’s a point upon which the opposing sides in an admiralty case can
argue for hours. Without an over-arching definition to go by, however, it often
becomes a stumbling block to the process.
IF YOU
DON’T QUALIFY AS A SEAMAN
LONGSHORE
AND HARBOR WORKERS’ COMPENSATION ACT
Workers
who don’t satisfy the terms of the definition of a seaman can still recover
damages from the Longshore and Harbor Workers’ Compensation Act (LWHCA). This
federal law allows the injured party to recover losses for medical expenses,
lost wages, rehab, etc. due to an injury, as well as survivor benefits if the
injury causes the worker’s death.
This
covers dock workers, shipbuilders, and harbor construction workers who were
injured in the wharf area of the harbor. The provisions of the LWHCA differ from standard Workman’s Comp laws and
generally provide for slightly better compensation.
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