When a person is offshore, there may be different laws applicable to certain situations. For instance, a Florida resident who is injured in a cruise ship accident may need to work with an attorney who thoroughly understands maritime law because there may be different factors to consider when seeking compensation. Injuries that happen offshore are subject to different laws than those sustained on land.
A person who works offshore also has different laws to consider. Instead of being able to file a workers’ compensation claim if a worker is injured on the job, offshore employees are covered by the Jones Act.
Under this federal law, negligence on behalf of an employer must be exhibited in an accident that leads to an injury or death of a seaman. Additionally, the accident must have occurred on a navigable vessel. The worker or the worker’s family may be able to seek compensation for medical expenses, lost wages, pain and suffering as well as other similar expenses that result from an accident.
Recently, the wife of a lobsterman sued another lobsterman after her husband was killed in a boat accident. According to the lawsuit filed, the husband died when the other lobster boat crashed into his. The wife was prompted to file a lawsuit so that she could collect payment from her insurance company.
The Coast Guard is also seeking to penalize the second lobsterman for the role he played in the tragic and fatal accident. They want to fine the man $30,000.
It is unknown if the victim was on the job at the time, or whether the other boater was in any way tied to the man’s employer. Depending on many factors that have not been reported, the wife may be able to collect significant compensation.
Source: WABI, “Woman To Sue After Husband Dies In Lobster Boat Accident,” Lauren Morrison, April 4, 2012