Gathering Evidence to Prove a Maritime Injury Claim

Maritime workers typically aren’t covered by traditional workers’ compensation. Instead, maritime injury law dictates the rights and avenues to seek compensation based on the circumstances. Two of the most prominent laws are:

The Jones Act

The Jones Act, formally known as the Merchant Marine Act of 1920, is foundational to maritime injury law in the United States. It acknowledges the perilous conditions under which seamen operate and provides them with the ability to seek damages from their employers in the event of injury. Crucially, the Act allows injured seamen to sue their employers for negligence, a provision not typically found in standard workers’ compensation claims.

Negligence under the Jones Act can encompass a wide range of conditions, from unsafe working environments and inadequate training to faulty equipment and insufficient safety protocols. For a claim to be successful, the injured party must demonstrate that the employer’s negligence played a part, however small, in their injury. This broad interpretation of negligence means that the threshold for proving an employer’s fault is lower under the Jones Act than in common personal injury law.

The Longshore and Harbor Workers’ Compensation Act (LHWCA)

While the Jones Act specifically protects seamen, the Longshore and Harbor Workers’ Compensation Act (LHWCA) extends similar protections to a broader range of maritime workers. This includes individuals involved in maritime work on navigable waters or in adjoining areas such as docks, piers, terminals, and shipyards. The LHWCA provides for compensation and medical care for workers injured on the job and benefits to survivors in the case of work-related death.

Unlike the Jones Act, which requires proof of negligence, the LHWCA operates on a no-fault basis. This means that eligible workers can receive benefits regardless of who was at fault for their injuries. The Act covers a variety of benefits, including medical expenses, rehabilitation costs, and compensation for lost wages due to temporary or permanent disability.

One of the notable aspects of the LHWCA is its provision for vocational rehabilitation services for injured workers. This acknowledges the potential need for retraining or education to enable workers to return to gainful employment, either within the maritime industry or in a new field.

Types of Evidence in Maritime Injury Claims

Evidence is the cornerstone of any legal claim, but it holds particular weight in maritime injury cases. Key types of evidence include:

Accident Reports

Accident reports are typically generated immediately following the incident and contain vital details such as the date, time, and location of the accident, a description of what occurred, the cause of the incident, and the extent of the injuries sustained. An official accident report can serve as a foundational piece of evidence, providing a contemporaneous record of the event. It is crucial that these reports are accurate and comprehensive, as they offer an initial overview of the incident that can be pivotal in establishing the facts of the case.

Witness Statements

The accounts of coworkers or other witnesses who observed the accident unfold are invaluable in corroborating the injured party’s narrative of events. Witness statements can provide additional perspectives and details that may not be immediately apparent in the accident report. They can also help to establish the conditions leading up to the incident, potentially highlighting negligence or unsafe conditions that contributed to the injury. The credibility and detail of witness testimony can significantly influence the strength of a claim.

Medical Records

Medical records offer a detailed account of the injuries sustained, the treatment administered, and the prognosis for recovery. To link these records to the maritime accident, it is necessary to demonstrate that the injuries documented are a direct result of the incident in question. Detailed medical records not only substantiate the claim of injury but also help in quantifying damages for medical expenses, pain and suffering, and potential future medical needs.

Records of Lost Wages

For many maritime workers, an injury can result in significant time away from work, leading to lost wages and, in some cases, diminished future earning capacity. Documentation of lost wages is essential for recovering these economic damages. Pay stubs, employment contracts, and letters from employers can all serve as evidence to support claims for lost income. This type of evidence ensures that injured workers are compensated for immediate losses and also for any long-term financial impacts of injuries.

Maintenance and Inspection Records

In cases where an injury is attributed to faulty equipment or unsafe conditions on a vessel, maintenance and inspection records become key pieces of evidence. These records can reveal whether the equipment involved in the incident was properly maintained and inspected according to industry standards and regulations. A lack of proper maintenance or inspection records can suggest negligence on the part of the employer or vessel owner, thereby strengthening the injured party’s claim.

Turkel Cuva Barrios: Your Advocates at Sea

Maritime incidents pose complex legal risks for shipowners. TCB Law provides experienced guidance and robust defense in the face of liability claims. Our in-depth understanding of maritime law ensures compliance and protects your interests. Our maritime attorneys will handle the legal complexities, allowing you to focus on your operations. Contact us today for a consultation.