The maritime injury laws are far different from the land based injury laws. But the only similarity that these two has is that they can be both beneficial to people who have been injured during their services. In the law, once a person has been qualified as a general law or Jones Act seaman, this would mean that the person is going to be entitled to receiving the benefits.
The seaman already has a requisite connection to vessel or to maritime shore side employment situation. This is not like the workers compensation programs. The person will be entitled for making a claim for both pain and suffering. Aside from these, claiming for emotional loss and injury, earnings loss, life enjoyment loss, etc. May also be done. Filing for these claims can be done much easier with the help of a maritime attorney Boston MA.
Furthermore, the covered amount of losses has no limitations. Mostly, injured workers are going to think immediately on workers comp. The reason is because they are really not aware about what the additional entitlements can provide them, that are available in the law. Another common reason is the fear of having larger claims that may possibly take the advantage on entitlement of the laws.
There are some circumstances wherein those injured employees are being presented for signing the workers compensation though a particular worker was being entitled to the benefits of maritime law. There is common false security sense which is being provided to workers by channeling to workers compensation. And most often, this leads to not questioning whether the additional benefits are made available.
And since employees do not have any awareness concerning this issue, class action proceedings are being conducted that are having the result of making the maritime workers receive those additional benefits. And therefore, a no charge, initial consultation can be the best way in order for a worker to know whether he will be receiving his benefits. Legal counsels are those that offer these consultations.
In some situations, the benefits exceed the number of laws that are under a general maritime law or a Jones Act seaman. Sometimes, it is very necessary for proving the unseaworthiness of vessel which is referred to as Jones Act negligence. It means a negligence of a featherweight amount.
This unseaworthiness includes the inadequacies both in staffing and in manning of a vessel, equipment failure or inadequacy, or adequately outfitting and equipping a vessel for the navigation. The amount of negligence of featherweight is the only thing required for a Jones Act negligence. A featherweight negligence may constitute the mistakes made by officers, staff, or crew members, errors of persons, negligent act of an employee.
There may also be some circumstances that are not presenting any advantage to claimants. Pursuing the law may sometimes be inappropriate and sometimes disadvantageous. Thus, the clients will be advised on having the law only after signing a free agreement.
So therefore, it is better that a consultation to the legal competent counsel from Boston MA will be done. Some of the circumstances are limited when talking about the filing period of claim. Thus, when taking this action has failed, the rights may possibly result to loss.
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Author: Martha RichardsonThis author has published 1 articles so far.