Being injured at work can leave you with a whole host of problems to solve — and if you work at sea, you must follow particular rules in order to solve them. To start, you have to figure out how to cope with your newfound condition in a way that alleviates your pain and suffering. But you’ll quickly find that you also have to figure out how to address the financial losses associated with your injuries, including medical expenses and lost wages.
Depending on the facts of your case, you may be able to turn to the Jones Act or general maritime law to support legal action against your employer, which could help alleviate these financial burdens and provide you with the financial support needed to get you back on your feet.
But these cases aren’t automatically won. In fact, they’re often hotly contested by employers and insurance companies that don’t want to pay out large sums. So, as you ready to take action on the facts at hand, be sure to understand some of the defenses that you may come up against.
Common maritime injury defenses you’ll need to be prepared to address
There’s a good chance that your employer won’t simply roll over and pay out what you ask. Instead, they might make any of the following defense arguments to try to avoid liability:
- That your accident didn’t occur in navigable waters and therefore isn’t subjected to certain maritime laws.
- That you were partially or completely responsible for your own injuries, such as when you were engaged in horseplay outside the scope of your employment when your injuries were suffered.
- That the ship in question was seaworthy by showcasing maintenance and repairs that it had undergone over time.
- That an independent medical examination showed that your injuries weren’t as severe as you claimed them to be.
- That your injuries were caused by something outside of your employer’s control and for which they should not be held accountable, such as when your injuries are related to an unexpected storm that the ship had to weather.
Be ready to aggressively fight for the compensation you deserve
There’s a lot on the line when you pursue a maritime injury claim, including your ability to secure proper medical care and maintain financial stability. With that in mind, be sure to develop a comprehensive legal strategy that anticipates defense arguments and advocates for a fair and favorable outcome.