Understanding your rights when it comes to offshore injury claims is essential. Not only will you need to know the time limit to file a claim, but you will also need to understand what you are entitled to. Depending on the accident that took place, you could be able to receive maintenance and cure benefits under the Jones Act.
Reporting the Accident
Getting in the know can be hard to do on a dime in an offshore setting. It may be prudent to hire a legal team with a thorough understanding of offshore law and regulations, particularly regarding employee safety. There are also several state and federal statutes of limitations to consider. A comprehensive insurance plan is also essential as it can cover various expenses, including medical bills. A lawyer can also advise you on the best action after an accident. Getting a legal team on your side will help ensure you receive the compensation you are owed.
If you have been harmed in an offshore accident, consider contacting a legal team with marine law knowledge, such as naylorlaw.com. This can be expensive, as vessel owners have a vested interest in protecting their bottom line. Fortunately, an excellent legal team can offer several free consultations. The most important thing to do is to get as much information as possible about your rights and responsibilities before the first meeting.
Injured Workers can Sue for Maintenance and Cure Under the Jones Act.
If you’ve been injured while working on a ship or barge, you may be entitled to compensation through the Jones Act. Getting legal advice right away if you’ve been in a maritime accident is essential.
The Jones Act is a federal statute that applies to seamen and offshore workers. It requires employers to provide maintenance to injured workers until they’re healed. Maintenance benefits can be used to pay for living expenses and medical care.
Seamen have been protected by maintenance and cure rights for hundreds of years. A seaman can sue for medical treatment and lost wages resulting from their work-related injury. However, it’s essential to understand that this is not an unlimited right.
To be successful, a plaintiff must prove that another party’s negligence caused the injury. Proving negligence takes work. Maritime law may also allow a plaintiff to recover from pain and suffering.
Three-year Time Limit to File a Claim.
It is essential to file your injury claim before the three-year time limit expires. If you don’t, you will have lost your right to seek compensation. You also lose negotiating leverage.
The three-year time limit to file an injury claim is based on the date of the accident, and it will continue to count down until you have filed your lawsuit. However, if you wait too long, the defendant may have the option of filing a motion to dismiss your claim. Several factors can affect the length of the time limit.
Most personal injury claims have a three-year time limit. But there are some exceptions. Minors have a longer time limit than adults. They are tolled until they reach the age of 18, and they have a shorter time limit than other injured people.
Some notable exceptions to the three-year time limit for personal injury include intentional acts. In these cases, someone causes another person to have a physical or emotional injury on purpose. Examples of intentional torts include defamation, false imprisonment, and assault.