MERCHANT MARINE
If
you are a merchant mariner, probably nothing
is more important to you than the years you have put into the industry
working your way up the ladder toward your ultimate goal. We have
many merchant mariners as clients, both with and without Coast Guard
licensure.
As a "merchant mariner" you
may be working on the open ocean or inland waters. You may be working
on the tiniest tug, crewed by only two people, a skipper and a deckhand,
or you may be aboard a huge tanker or container vessel. Regardless,
in most circumstances, the law applicable to your situation may be
the same, and you may be entitled to claim benefits as a Jones Act
/ general maritime law seaman. This puts you in a "class above"
most other workers in that you are not limited to benefits under a
State workers compensation program, which, in many circumstances,
either does not apply or does not nearly adequately compensate you
in the event of injury.
You do not have to have a particular merchant mariner's license, or
a class of license, or even have a license, in order to obtain benefits
as a Jones Act / general maritime law seaman. In general, all that
is required is that you have some connection to a vessel, regardless
of size, that is "in navigation," which can mean simply
that it floats and accomplishes a specific mission. In our experience,
we have seen "vessels" no larger than skiffs or work barges
qualifying as vessels in navigation for purposes of injured workers
obtaining maritime benefits. You do not even need to necessarily live,
sleep or eat aboard the vessel to qualify.
If you qualify as a Jones Act / general maritime
law seaman, you may qualify for significant benefits and remedies
under Federal law. These could include the right to recover for your
lost earnings while you are disabled, as well as lost future earnings
if you are unable to return to your former employment. Further, you
may be entitled to costs of retraining, and all of your medical and
related treatment needs, with the right to be involved in selection
of your medical providers. Further, you may be entitled to recover
for pain and suffering arising as a result of your injury. A living
expense, "maintenance," sometimes payable while you are
recovering from injury and under treatment, may also be due. When
we agree to represent a client, we determine what benefits are due.
In most circumstances, as stated in our contingency fee agreement,
there is no charge for recovery of wages due to the end of your contract
for maintenance, or for work involved in obtaining medical treatment
and medical treatment-related assistance. See "Contingency
Fees" on this Website.
If you have been working in the maritime industry,
chances are you have been developing an earnings history and record
that will be important to establishing your claim in the event of
injury. Most often, courts will look to a person's work history to
establish earnings loss. Often, mariners will not have adequate tax
records to prove earnings, yet the mariner will have a significant
earnings history. We can often reconstruct earnings by obtaining Social
Security records, instead of income tax records, or by obtaining letters
from former employers establishing a work history. If appropriate
and necessary, we can assist mariners in filing tax records.
We also work with experienced vocational rehabilitation
experts, who can advise you and us on what retraining is appropriate,
and what the resulting earnings loss to you will be if you are required
to retrain into a different occupation. In appropriate circumstances,
the loss of earnings to you as a result of being required to retrain
into a lower-paying occupation may become part of your claim benefit,
and you may be entitled to obtain this loss of earnings for the rest
of your work life expectancy, which, in some cases, can be to age
62 or beyond.
Our vocational experts will also assist
us in obtaining a complete work history for you, including copies
of Coast Guard licensing records, if any; employment history from
previous employers, and other information helpful to proving your
earnings loss.
In many circumstances, a seriously injured merchant mariner will have
only one opportunity to pursue a claim as a result of their injury.
It can be critical that this one opportunity be used most wisely to
compensate for the full loss of injury, which may last a lifetime.
Call
us for a no-obligation initial telephone consultation.
We
answer every e-mail personally within 6 hours
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