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Injured Seaman Rights

Injured Seaman Rights

California Seaman Accident Attorney Preston Easley Aggressively Defends the Rights of Injured Seamen in Accident Claims Due to Negligence and Unseaworthiness in CA and HI

Who is a seaman?

This is a question that has provoked much controversy. There is no law that defines a seaman. The courts have defined a seaman as one who is more or less permanently assigned to a vessel (or group of vessels under common ownership) who is primarily aboard to aid in the mission or function of the vessel. Obviously crewman on fishing boats, passenger ships, tugboats, and merchant vessels are seaman. But there are also seamen who work on special purpose vessel like barges, dredges, punts, floating cranes, and moveable oil drilling rigs (semi-submersible and jack-up).  Riggers, piledrivers, dredge hands, and welders on floating cranes and barges (even those owned by shipyards) can be seamen. Most shipyards own tugs and barges, and shipyard employees who work on them may qualify as seaman.

The Right to Sue for Negligence Under The Jones Act

Unlike shore workers who receive workers’ compensation benefits regardless of fault, a seaman must sue his employer for damages. He has two ways to go — negligence and unseaworthiness. The Jones Act gives a seaman the right to sue his employer for negligence (failure to use ordinary care.) To succeed in a negligence action a seaman must demonstrate some degree of fault on the part his employer, no matter how small, that caused his injury.

Maritime Accident Lawyer Preston Easley is a Graduate of the U. S. Naval Academy in Annapolis, Maryland. You Can Rely on His Expertise in Maritime Law to Protect Your Rights. Contact Him Today For a Free Consultation About Your Case.

Unseaworthiness Claims Under The Jones Act

This is a form of strict liability (liability without fault.) Virtually any equipment failure, unsafe condition, lack of safety devices, lack of safety equipment, or lack of manpower for a particular task will render the vessel unseaworthy – even if the vessel owner has done nothing wrong, or has exercised ordinary care. The unseaworthiness doctrine is a lethal weapon for an injured seaman.

Maintenance and Cure

While a seaman is out of work due to an injury, he is entitled to maintenance payments to cover the daily costs of his food and lodging until he reaches his point of maximum medical improvement. The employer must pay for all medical treatment, which is known as cure. Maintenance and cure is paid regardless of fault. A failure to pay maintenance and cure will subject the employer to liability for attorney fees.

Statute Of Limitations On Filing A Lawsuit

Seamen generally have three years from the date of injury to file a lawsuit for negligence or unseaworthiness. Remember, though, the longer you wait the colder the trail becomes. Witnesses forget what happened, unsafe conditions are corrected, and vessels get sold. The statute of limitations is shorter for suing the United States Navy or the United States Government.

Preston Easley is an experienced personal injury and maritime injury lawyer with considerable expertise in handling federal and state cases. He will aggressively seek the maximum amount of compensation you are entitled to receive.  For a free initial consultation, call or email our law firm today.

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Cases We Handle

  • maritime worker working on ship

    Longshoremen & Shipyard Workers

    Longshoring and shipyard work are very dangerous occupations. Workers in these fields, along with marine construction workers, are covered by the Longshore and Harbor Workers’ Compensation Act, a very generous no-fault workers’ compensation system. It covers medical expenses, temporary disability, permanent disability and vocational rehabilitation.

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  • sea vessel docked at US shore

    Jones Act Seamen

    A seaman is a member of the crew of a vessel or group of vessels under common ownership or control. The vessel can be anything from a raft to a cargo ship. We represent seamen who work aboard recreational vessels, tugboats, dredges, barges, skiffs, workboats and cargo ships. We also represent seamen who are marine construction workers

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  • Diving

    We represent people who have been injured in SCUBA diving accidents and Commercial diving accidents. We also handle diving boat accidents. Diving can be very dangerous. We successfully represented a commercial diver who was seriously injured while cleaning the propeller of a U.S. Navy ship at Pearl Harbor

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  • accident at construction site and hard hat on floor

    Construction & Industrial Accidents

    Construction and industrial sites can be very dangerous. Although you generally cannot sue your own employer for a construction site or industrial accident (generally workers’ compensation is your exclusive remedy against your employer) there are many circumstances in which you can file a third party lawsuit against an entity other than your employer for an unsafe condition at a work site which causes you to be injured

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  • Forklift and Crane Injuries Lawyer

    Crane & Forklift Accidents

    The Easley firm has extensive experience with crane and forklift accidents and workplace accidents involving dangerous equipment and machinery. These accidents can be caused by operator error and they can be caused by the unsafe and defective condition of the equipment

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  • auto accident involving two cars on a city street

    Motor Vehicle & Truck Accidents

    Motor vehicle accidents can result in serious injury and death. These kinds of accidents can involve automobiles, trucks, motorcycles, bicycles, pedestrians and unsafe road design and unsafe road conditions

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  • Catamaran Injuries Attorney

    Passenger Vessel Accidents

    Passenger accidents are common on recreational vessels, catamarans, tour boats and cruise ships.  They are frequently caused by rough sea conditions and unsafe conditions aboard the vessels.  The Easley firm has extensive experience in the field of maritime law.  We have made new law in the field of maritime law with numerous precedent setting decisions in the State Appellate Courts, the Ninth Circuit Federal Court

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  • Defense Base Act

    The Defense Base Act is an extension of the Longshore and Harbor Workers’ Compensation Act which covers civilian employees of U.S. defense contractors injured overseas, including war zones. The Longshore and Harbor Workers’ Compensations Act as extended by the Defense Base Act is a very generous no fault workers’ compensation system

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Areas Where We Practice

Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves.

waves

California

Hawaii

Let Us Get You The Compensation You Deserve

Preston Easley is an experienced lawyer with considerable expertise in handling federal and state personal injury cases. He will aggressively seek the maximum amount of compensation you are entitled to receive. Attorney Easley represents victims of serious and fatal accidents involving cars, trucks, construction projects and maritime work.

Construction Workers We Help

  • Crane and Forklift Operators
  • Pile Drivers
  • Scaffold Workers
  • Iron Workers
  • Carpenters
  • Electricians
  • Operating Engineers
  • Electricians

Maritime Workers We Help

  • National Steel and Shipbuilding Company (NASSCO) Shipyard Workers
  • Manson Construction Company Workers
  • Manson Dredging Workers
  • Dutra Dredging Workers
  • Commercial Divers
  • Scuba Divers
  • Commercial Fisherman
  • Government Maritime Claims Against the Navy, Army Corps of Engineers, or the US Coast Guard, etc.
  • Marine Construction Workers
  • Offshore Oil and Gas Workers
  • Seamen
  • Shipyard Workers
  • YYK Enterprises, Inc.
  • Pacific Tugboat Service
  • Long Beach Container Terminal
  • Tugboat, Dredge, Longshoremen, and Ferry Workers
  • Barge Crews and Barge Workers
  • Marisco Limited
  • HL Welding
  • SSA Marine
  • Catalina Express
  • R.E. State Engineering
  • Shimmick Construction
  • Nova Group
  • American Scaffolding
  • Safway Scaffolding
  • Kirby Tugs
  • Crowley Tugboats
  • P&R Water Taxi
  • Continental Maritime
  • Pacific Ship Repair
  • Seaward Marine
  • Healy Tibbitts
  • General Construction
  • BAE Shipyards
  • South Coast Welding
  • Matson
  • Pasha
  • Hawaii Stevedores, Inc.
  • McCabe, Hamilton & Renny
  • Young Brothers
  • Sause Bros.
  • Foss Maritime
  • Fenix Marine Services
  • ITS
  • Total Terminals
  • TraPac
  • PCMC
  • Maersk
  • Yang Ming
  • China Overseas Shipping
  • Evergreen

Boating Accidents

  • Catamaran Accidents
  • Charter and Tour Boats
  • Cruise Ship Accidents
  • Passenger Accidents
  • Jet Ski and Personal Watercraft
  • Motorboat Accidents
  • Recreational Accidents
  • Scuba Diving Accidents
  • Speed Boat Accidents
  • Yachts and Sail Boat Accidents
  • Repair Accidents
  • Crew Accidents
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