Cruising accidents can put a damper on an otherwise great industry

By Syndel Smith

California houses one of the largest ports in the USA and as a result many thousands of folks work in the maritime industry in this state alone. For a few years, workers had rights and the entitlement to work in a safe environment. However people who worked on maritime vessels didn't have the exact same privileges as a 'land ' employee had and when maritime employees went into global waters they were under the control of Admiralty law. This meant that they were only entitled to file for workers compensation. The issue with this is that though an employee could claim for medical costs and daily expenses, payouts were famously low and did not take into consideration all of the underlying issues or ins and outs of such a claim. This all changed in 1920, when the Jones Act came into being.

This law was passed so that maritime workers could file for compensation that if proved successful, could award them general damages. However the stipulation was the injured person had to prove that the accident that had taken place was a clear result of carelessness on the part of someone else or party. Los Angeles personal injuries lawyers would advise this is the major difference between the strictly land based 'workers comp ' and the Jones Act in that employees could register a claim directly against their employees for unsafe working practices and employers might be held answerable for a breach of duty. Whereas with workers compensation, companies aren't held responsible and no evidence must be provided to make a claim.

Because in most if not all cases, culpability needs to be proven, LA personal injury attorneys who concentrate on maritime law are an excellent point of contact for a maritime worker who feels that they have got a good reason to state a claim.

To help the maritime worker, the counsel will have to gather documented evidence surrounding the case, as well as interview witnesses or key personnel involved in the accident. This paperwork is something that the maritime employee himself might not have access to. Your LA personal injury lawyers will also need to communicate with and cope with the demands of the lawyers who are operating on the behalf of the shipping company and again this is something that a worker who doesn't entirely understand the difficulties of the law would possibly not be in a position to do alone. Also the barristers will have access to health experts who will be in a position to examine the individual to see if they concur with the conclusions of the ship's doctor. Upon their observations, the ship's doctor may very well issue a 'return to work ' slip even when the individual may not feel fully ready to revisit work. This explains why it's important to be inspected by an independent expert in medicine whom the individual might not have accessibility to.

As you can see, the injured party who believes that they have a good case to make a claim simply wouldn't be well placed to achieve that success on their own. Instead Los Angeles personal injuries lawyers who is entirely experienced in coping with such matters, and has the fiscal backing behind them to be in a position to expedite such a case, is a much smarter option.

If the maritime worker is concerned with costs, then the great majority of legal firms operate a 'contingency fee ' implying that they only get paid if they are successful. In truth it's a no win, no charge situation. Successful counsels will take their payment out of the compensation delivered and this suggests that there are absolutely no initial costs concerned at all.

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