Crew Member & Seamen Claims
The lawyers at Rivkind & Margulies, P.A. have handled thousands of claims for injuries of wrongful deaths of seaman and maritime workers who were injured or suffered death while working on different types of water crafts, including cruise ships, yachts, oil rigs, cargo ships, tug boats, and barges.
If you are a crewmember or worker aboard a vessel, whether an oil tanker, yacht, cruise ship, or other ocean going vessel, and you qualify as a "seaman" you will have many potential claims that can be asserted against your employer and shipowner, including claims for:
- Medical care and treatment
- Damages for your lost wages, pain and suffering, disability, inconvenience, loss of enjoyment of life, disfigurement, and physical handicap, under a Federal Statute called the Jones Act
- Unearned wages
- Retaliations by your employer for filing a claim.
- Claims for damages for unseaworthiness of the vessel
Working onboard ships can be very dangerous. The Maritime Law recognizes that a seaman must work under dangerous conditions, and has abolished what is called assumption of risk. This means that you cannot be denied recovery simply because you are aware of the risks of your job and the employer claims you assumed those risks by accepting the job. Instead, the only defense the employer has is to assert that you are contributorily negligent, which means you committed a specific act that is deemed negligent, or you failed to do something a reasonable seaman under like circumstances would have done. In other words, you cannot be completely denied recovery by working at a dangerous job. However, your damages can be reduced if the employer successfully proves that an act or omission on your part was negligent, and contributed to your injuries. Many times an inexperienced attorney handling a seaman case will not recognize the distinction between assumption of risk and contributory negligence. This is a very critical distinction which must be recognized by the Maritime attorney so he can defeat the defenses of the shipowner/employer.
The lawyers at Rivkind & Margulies, P.A. bring with them over seventy-five (75) years of combined experience. They will be able to analyze all of the defenses asserted, and develop the most successful strategies to defeat those defenses so that you will receive full and just compensation for your injuries.For more information regarding Seaman’s Claims, please see the articles below: