Trueb Berne & Beard, LLPTrueb Berne & Beard, LLP2024-03-05T16:46:54Zhttps://www.seattlemaritimeclaims.com/feed/atom/WordPress/wp-content/uploads/sites/1603629/2022/06/cropped-favicon-trueb-james-32x32.pngOn Behalf of Trueb Berne & Beard, LLPhttps://www.seattlemaritimeclaims.com/?p=474962024-03-05T16:46:54Z2024-03-05T16:46:54Zpursuing a Jones Act claim. As you begin navigating the legal process, though, you need to be aware of a few things that can have a profound impact on your case. That’s why in this post we want to highlight those issues for you so that you’re more prepared going into your case.
What to know before filing a Jones Act claim
Preparation is key in the legal arena. Therefore, before acting on your Jones Act claim, you need to understand the following:
You have to prove that you’re a “seaman”: To be considered a “seaman” for purposes of the Jones Act, you have to show that you spend a significant period of time onboard a vessel that’s in navigation, meaning that the vessel is afloat, in operation, capable of moving, and is in navigable waters. Typically, you must show that your time on the vessel isn’t temporary or sporadic, and your contributions have to help the vessel accomplish its mission. If you can’t meet these requirements, then you’ll likely be denied financial support through the Jones Act.
Your maintenance and cure benefits might be challenged: Even though you don’t have to prove fault to recover benefits for your daily living and medical expenses, your employer might still challenge your ability to recover them. In many instances, employers do so when they think you’re fit to return to work, which thrusts you medical condition to the forefront of your claim.
You’ll need evidence to prove your case: To succeed on your Jones Act claim, you’ll need to be able to show where your workplace accident occurred, when it occurred, and how it occurred. By gathering and presenting this evidence, you put yourself in a stronger position to recover maintenance and cure benefits, but you might also put yourself on a path to recovering other compensation, too.
You have to report your injury quickly: Under the Jones Act, you only have seven days to report your injuries to your employer. So, you’ll need to move quickly after your accident to preserve your claim.
You should focus on negligence or unseaworthiness to expand your claim: Maintenance and cure can help you get by while you focus on your recovery, but you might need additional compensation to recover what you’re truly owed. To recover these additional losses, you’ll need to be prepared to address negligence and/or unseaworthiness in your case.
You can find support: Navigating a Jones Act claim can be stressful. After all, you’re trying to focus on recovering your health and paying your bills. Adding legal action into the mix can leave you feeling overwhelmed. But you can find support throughout the process from your attorney, who can help you navigate the legal challenges you’ll face, as well as family members, friends, and mental health professionals.
Don’t leave your Jones Act claim to chance
You need your Jones Act claim to be successful. The good news is that there are steps you can take now to start positioning yourself for success. Doing so could give you peace of mind and confidence that you can successfully advocate for the compensation that you deserve.]]>On Behalf of Trueb Berne & Beard, LLPhttps://www.seattlemaritimeclaims.com/?p=474942024-02-01T19:03:34Z2024-02-05T18:55:53Zis acting in a bipartisan manner.
For workers who are seeking compensation for any reason – whether they are suffering from mental health problems or were injured because another worker was negatively impacted by their mental health – it is important to know how to maximize compensation for the time they are off the job and to get treatment.
Fish Wellness Act meant to help fishermen with their mental health
The Fish Wellness Act makes a link between fishermen’s mental health and their safety was made. Given the known dangers of the commercial fishing industry, it is understandable that workers are feeling the stress of their occupation.
Statistically, the National Institute for Occupational Safety and Health says that in the decade from 2013 to 2022, there were 25 onboard fatalities on fishing vessels. It is believed that 17 had mental health as at least a partial factor.
Among the stressors that workers face is the physically arduous nature of the work and the need to produce at a certain level to meet quotas. They might have been mentally scarred by a past incident. If a worker suffers an injury and is off the job or has a mental issue, it is imperative to be cognizant of how to get benefits under the Jones Act.
Understand the Jones Act and know how to get benefits
Under the Jones Act, fishermen and other seamen can receive compensation if they were injured on the job. This is to ensure they get the same coverage a land-based worker would get through workers’ compensation. The injury and how it occurred will be investigated and the worker’s prospects assessed.
Based on maintenance and cure, the worker can receive coverage for medical costs and lost wages. They can also receive payments for pain and suffering and long-term damage they might have suffered. In cases where there are questions about how it occurred and what the proximate cause was, it is imperative to be fully prepared to find evidence and proceed. To get everything a worker is entitled to – especially in cases where a worker’s mental state might have contributed to the accident – it is vital to have comprehensive assistance from people trusted by seamen, maritime workers and their families.]]>by jamesbeardhttps://www.seattlemaritimeclaims.com/?p=474922024-01-23T05:06:40Z2024-01-23T05:04:11ZOn Behalf of Trueb Berne & Beard, LLPhttps://www.seattlemaritimeclaims.com/?p=474872024-01-02T12:49:41Z2024-01-02T12:49:41Zmaintenance and cure, you need to get back on your feet. Before you pursue a Jones Act claim, though, you need to be sure that you don’t inadvertently derail your case by making one of several mistakes.
Errors to avoid when pursuing a Jones Act claim
As with any other type of legal claim, there are a lot of mistakes that can be made in a Jones Act case. This includes:
Waiting too long to report your injuries: Before you can seek compensation for your injuries, you need to report your harm in a timely manner. If you don’t, then you could be denied the ability to pursue a Jones Act claim. Additionally, any delay in reporting may give the perception that your injuries aren’t as serious as you claim them to be, making it an uphill battle to recover what you deserve.
Utilizing employer-provided medical care: After being injured at sea, your employer might offer to secure medical treatment for you. That might seem nice, but your employer is probably trying to minimize costs rather than look out for your best interests. So, make sure you’re being independently evaluated so that you can secure the treatment that you need.
Misunderstanding the law: The Jones Act only applies in specific circumstances. Sometimes workers misunderstand the definitions of “seaman,” “navigable waters,” or “vessel.” This can lead to complications and delays in your case.
Settling too early: As with any other type of personal injury claim, your Jones Act case is probably going to be subjected to settlement talks. Here, you’ll want to be careful that you’re not accepting the first offer pushed your way and that you’re advocating for the compensation that you truly need. Otherwise, you’re going to be left with an award that’s far less than what you deserve.
Going back to work too quickly: We understand that a lot of injured seamen want to get back to work as quickly as possible, but moving too hastily could jeopardize your claim, as returning to work will cut off your ability to recoup what would otherwise be lost wages and give your employer the ability to take a negative employment action against you for any reason.
Giving a recorded statement: As your Jones Act claim is analyzed, the insurance company is going to look for any justification possible to deny your claim. If you give a recorded statement, you might give them the ammunition they need. So, make sure you refrain from giving statements to the insurance company until cleared to do so by your attorney.
Navigate your Jones Act claim with confidence
You need your Jones Act claim to succeed if you want to secure financial stability and access to the best medical care. The process can be riddled with complications and nuances, though, which is why you might need some help navigating your claim. However, support is available. So, be sure to consider your options and take the course of action that best protects your interests and your future.
]]>On Behalf of Trueb Berne & Beard, LLPhttps://www.seattlemaritimeclaims.com/?p=474862023-12-12T08:12:36Z2023-12-04T08:11:49ZHow much can a fisherman recover in lost wages?
Fishermen are entitled to a certain amount in wages under their employment contracts. Under federal maritime injury law, if the fisherman is injured on a voyage or during the fishing season, they will be entitled to:
Wages they earned prior to the injury.
Unearned wages or wages they would have earned if they had made it to the end of the voyage or season, minus the amount they already received prior to the injury.
Additionally, a fisherman or other seaman may be able to recover maintenance and cure for the cost of the room and board they would have gotten if they had not suffered an injury.
Fishermen and other seamen who have suffered injuries may be entitled to the above damages, as well as several other types of compensation, depending on the nature of their accident.
]]>On Behalf of Trueb Berne & Beard, LLPhttps://www.seattlemaritimeclaims.com/?p=474852023-11-07T02:13:31Z2023-11-02T00:23:26ZThe duty to provide medical care
Working at sea is hard, and often dangerous. It's not uncommon for people to be hurt on the job. Cruise ships may have a doctor onboard, but smaller vessels made for cargo or fishing may have no more than a trained medic. Many don't even have that. All too often, employees receive substandard care at sea, or no care at all, resulting in serious health consequences.
If a worker is hurt or has a medical emergency while far out at sea, it may be difficult to transport them to a hospital. But, for many types of injuries and illnesses, a delay in treatment can make the condition much worse.
Under the traditions of maritime law, employers have a duty to provide their employees with medical care after they have been injured on the job. In maritime law, this concept is known as "cure." This includes the duty to provide workers with emergency medical care if necessary. This means that if an employer fails to provide emergency treatment in a timely manner to an employee who needs it, and the employee suffers a worsened condition because of that delay, the employee can have a cause of action to sue the employer for damages.
The Jones Act also imposes a duty on employers to take appropriate action for employees who need medical attention. They must carry medical supplies onboard, provides a cause of action for employees in this situation. At the least, they must have a way of contacting medical personnel who can respond in emergency situations.
The Jones Act, which controls many aspects of maritime industry, allows these workers to sue their employers for negligence after they have failed in this duty. This is in addition to any other causes of action they may have related to the illness or injury.
Help for the injured
It would be better for everyone involved if employers simply lived up to their duties and provided workers with the medical attention they need exactly when they need it. But when they fail to do that, it's important for injured workers to have the right to take legal action. This way, they can hold their employers accountable and receive the compensation they need to deal with costly and painful health conditions.]]>On Behalf of Trueb Berne & Beard, LLPhttps://www.seattlemaritimeclaims.com/?p=474812023-09-25T19:04:28Z2023-09-29T19:02:52ZWhen is a settlement offer right for you?
It depends on the circumstances. However, far too many accident victims accept the first settlement offer that’s made to them, which can cut them well short of what they deserve. Although you might be tempted to quickly resolve your case so that you have immediate access to financial resources, doing so could put your recovery in jeopardy.
With that in mind, here are some tips to ensure that you get the most out of your settlement negotiations:
Get an offer in writing: You and your attorney are going to have a lot of conversations with your employer and its insurance company. When the other side makes an offer, you need to get it in writing so that you can carefully analyze it before making a decision. Also, refrain from making the first offer, as you don’t want to give a number that’s lower than what the insurance company would’ve initially offered you.
Know the value of your case: You shouldn’t settle your case without knowing what it’s worth. Therefore, before entering settlement negotiations, analyze your damages so that you can assign a dollar value to them. Only then will you know where a settlement offer stacks up compared to your needs.
Point out what’s at stake for the other side if they choose to go to trial: To leverage your position at the negotiation table, you’ll want to show the other side that they don’t have a strong and favorable alternative to settlement on your terms. You can do this by showing them the evidence you intend to present at trial. If you do so in a persuasive fashion, then you might see the movement you want in your settlement talks.
Have experts lined up: There might be several contentious issues in your case. In many of them, you might be able to secure expert testimony to support your position and your arguments. These experts might speak to the extent and necessary treatment of your injuries, or they might be able to provide valuable insight into how the accident occurred. Either way, having an expert or two lined up and ready to go can give you an edge in your settlement negotiations.
Test the other side’s truthfulness: Your employer and their insurance company are going to make a lot of statements in support of their position. How do you know they’re true? You might not entirely know for sure without corroborating evidence, but you can test the waters regarding their honesty by requesting key documentation to see how forthcoming they are. That way, you’ll better gauge how much you can trust them during the settlement negotiation process.
Be prepared going into your maritime law case
We know that you want to recover compensation, resolve your case, and get back to your life as quickly as possible. But there’s a right way to do that. You don’t want to skimp on preparing your case and readying yourself for settlement negotiations, as doing so could put you at risk of a settlement that’s worth far less than you deserve.
Therefore, be diligent as you work to build the case that puts you on the path to success. There are several considerations to take into account here, so be sure to educate yourself and find answers to any questions that you might have.
]]>On Behalf of Trueb Berne & Beard, LLPhttps://www.seattlemaritimeclaims.com/?p=474732023-08-21T10:06:08Z2023-08-29T10:03:24ZProving pain and suffering damages in your maritime injury case
Your first step here is to prove negligence and causation, but after you’ve successfully done that, you’ll still have to present evidence regarding your pain and suffering. But how do you successfully do that?
While there’s no one right answer, there are some steps that you can take to better present your claim in this regard. This includes doing each of the following:
Keeping records of mental health treatment: Many victims of a maritime accident suffer damage to their mental health. They might develop post-traumatic stress disorder, or they might slip into depression. If you’re impacted by a mental health condition after your accident, then you’ll want to keep track of not only documentation indicative of your diagnosis, but also those records that show when you’ve sought treatment from a mental health professional.
Obtaining written opinions from your mental health providers: Your mental health providers will have an idea of how long your condition is expected to last and how it will impact your life moving forward. You can thus use their opinion to support your case.
Keeping a daily journal: One of the best ways to illustrate your pain and suffering is to write about it on a daily basis. By doing so, you can track the extent of your pain and how it negatively impacts your daily living, which can paint a vivid picture for the judge and jury in your case.
Turning to family and friends for testimony: A judge or jury may not simply take your word for it when it comes to assessing your pain and suffering. But you can support your story with testimony from those who see how your injuries impact you on a daily basis. This will likely include your family members and friends.
As you present this evidence, keep in mind that the judge and jury will likely assess your pain and suffering in light of a number of factors. This might include the following:
The egregiousness of the negligence in question
The severity and extent of your injuries
The extent that the injuries have impacted your life
Any disfigurement that you’ve suffered
The prognosis of your injuries
There are other factors that may come into play, which is why you need to take a comprehensive approach to your Jones Act claim.
Aggressively seek the damages you deserve in your Jones Act claim
There’s a lot that goes into building a successful Jones Act claim, but you need to be diligent in preparing your case if you want to aggressively pursue the compensation you deserve. That’s why now is the time to start gathering the evidence you need to support your claim and craft the strong legal arguments necessary to position yourself for success.
]]>by jamesbeardhttps://www.seattlemaritimeclaims.com/?p=474742023-08-23T23:38:12Z2023-08-23T23:38:12ZOn Behalf of Trueb Berne & Beard, LLPhttps://www.seattlemaritimeclaims.com/?p=474702023-07-17T17:53:37Z2023-07-26T16:46:10ZWhat is a seaworthy vessel?
To be considered seaworthy, a vessel and all its parts must be in reasonable condition to be used safely and its crew must be adequately staffed and reasonably capable of performing the work they are assigned.
The following are the criteria for seaworthiness of the vessel:
The vessel must be seaworthy and its seaworthiness must be maintained.
The vessel must be in the appropriate shape for its intended use.
All of the vessel's parts and other equipment must be fit. If any of those parts or other equipment is not considered in reasonable shape, it is considered unseaworthy.
The vessel's crew must be able to operate the vessel competently and they must have received training to be able to do their jobs.
If any of the crew members were not trained or were unable to do the job for any reason, the vessel is considered unseaworthy.
A vessel must be in a reasonable condition to be used. If the ship is not seaworthy, the vessel's owner can be held responsible if an employee sustains a personal injury that was the result of that unseaworthiness.
Under the Jones Act, an owner can be held liable for the expenses that are involved with the treatment of those injuries. Those expenses may be for medical bills, lost wages or other injury-related costs. If the vessel's owner was aware that the vessel was not seaworthy and allowed the seamen to board that vessel, that owner may be criminally responsible as well.
What do you do if you have been injured on an unseaworthy vessel?
If you are a maritime worker who has been injured on a vessel where you were at work, you may have a right to compensation. The vessel's owner has an obligation to provide you with a vessel that is in good working order and if that owner does not do that, they are liable to cover your expenses because of the injury that you sustained on the unseaworthy vessel.
There are many different ways in which the vessel may not be seaworthy and any one of them may cause an injury to you while you are working on the vessel.]]>