A maritime injury can harm your physical well-being and threaten your ability to earn an income. It can change your life. You need to know what to do after a maritime injury.
The Haun Mena maritime injury attorneys explain the process.
5 Steps to Take After a Maritime Injury
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Seek Immediate Medical Attention
There are two things to do right away for maritime injuries. First, get medical help. Cargo ships and passenger ships usually have personnel trained in urgent care and first aid.
Summon them, and arrange for medical care for the injured person. Some medical facilities onboard ships are sophisticated with equipment and supplies to treat commonly occurring health emergencies onboard.
Responders should provide first aid. For serious injuries, responders should arrange for emergency or urgent care when they arrive in port. Sometimes, even the U.S. Coast Guard can assist.
When an injury occurs on the shore, a dock, or a pier, call 911 or seek emergency medical attention. Perform first aid until additional help arrives. 911 operators can give you first aid instructions while you wait for responders.
What if I don’t think I need medical attention?
If you suffer a maritime injury, get a medical evaluation, even if you don’t think you need one. Sometimes, injuries are more serious than you may realize, especially when adrenaline is high after an incident occurs.
In addition to your well-being, medical attention is important to document that your injuries are from the incident. You don’t want to have to defend accusations that injuries aren’t related to your employment. Getting medical care right away is the best way to protect yourself personally and when it comes to your rights after the accident.
How do I get emergency medical care for a maritime injury?
Get emergency medical treatment right away from any healthcare provider. For Longshore and Harbor Workers’ Compensation Act cases, ask your employer for form LS-1, Request for Examination and/or Treatment. In all cases, injured maritime workers have the right to choose their doctor.
2. Report the Incident to Your Employer
Your employer needs to know that there was an accident or incident and that you were hurt.
When it comes to maritime injuries, multiple laws may apply, depending on your role and where the accident occurred. What these laws have in common is that you must report the accident to your employer.
Don’t just tell a coworker; tell a supervisor or personnel manager. They should create a written report, and give you a copy. Keep your copy. If they don’t, follow up with an email or letter stating that you were injured on the job. Include the date, approximate time, and general nature of the incident.
For some maritime injury cases, the time window to report the injury to the employer is as short as seven days; in other cases, you have up to 30 days. Regardless of how much time is allotted, make sure to always make your report as soon as possible. For cases falling under the Longshore and Harbor Workers’ Compensation Act, your employer should provide LS-201, Notice of Employee’s Injury or Death to make a written report.
When there is a serious incident, your employer should be made aware of it. However, make another report yourself so that there is no question. Make sure that they know that you were involved and that you suffered bodily harm.
3. Document the Incident and Injuries
Depending on the law that applies, you may need to prove the employer’s fault. Whether or not that’s the case, it’s important to document what happened. Take photos or ask someone else to take them. Items may be broken, or it may be obvious that something malfunctioned.
Save anything tangible that you can, like torn clothing or personal protective equipment.
Save medical reports and payment receipts. Identify witnesses. Get their contact information if you don’t already have it.
4. Know Your Legal Rights Under Maritime Law
After you’ve addressed medical care and reported the accident, it’s important to understand your legal rights under maritime law. When you’re hurt in the maritime industry, two different laws may apply which have significant differences. However, they have one thing in common – injured maritime workers have important rights.
You may deserve financial compensation. The benefits that you receive may include medical care, lost wages (in total or as a percentage of income), and other benefits. To receive the benefits and compensation that you are due, you must take the right steps. You may have representation from a maritime injury attorney.
5. Know the Deadlines for Filing Your Maritime Injury Claim
Every maritime injury claim has a deadline. Not only do you need to know what to do after a maritime injury, but you must bring your case by the deadline. After you make a timely report of the accident, there is another deadline to claim your benefits. Don’t wait to talk to a lawyer and start your case.
How a Maritime Injury Lawyer Will Help
Too often, employers try to fight workers who are hurt on the job. A maritime injury lawyer will help you get the relief that you deserve. They can do several things:
- Make sure you’ve reported the claim correctly
- Guide you through getting medical care
- Build the evidence
- File your claim
- Evaluate the case and offer legal advice
- Advance your claim with a legal strategy
- Represent you throughout the case
Your attorney will determine the law that applies and take the appropriate steps for your case.
How do I file a claim after a maritime injury?
Once you’ve reported the maritime injury to your employer, you must still take the necessary steps to file a claim. The process varies based on the law that applies. For Jones Act claims, the claim may be filed in state or federal court. For Longshore and Harbor Workers’ Compensation Act claims, you should file LS-203, Employee’s Claim for Compensation within one year.
Contact
Are you wondering what to do after a maritime injury? At Haun Mena, we help you get compensated when you get hurt. Call or message us now.
