Working on or near the water can be physically demanding and dangerous because there is always a risk of suffering a severe injury.

When a maritime worker suffers an injury, he or she may be able to pursue fair compensation under maritime laws. However, these laws are complex and difficult to navigate on your own.

That is why you should strongly consider hiring an experienced New Jersey maritime lawyer. The attorneys at Lynch Law Firm, PC have in-depth knowledge of your rights under maritime law and how to pursue the compensation you deserve. We take cases on contingency, which means your initial consultation is free of charge and we do not recover legal fees unless you obtain compensation.

Schedule your free consultation today to discover your legal options. Call (800) 518-0508 .

Why Do I Need a New Jersey Maritime Lawyer?

You are free to pursue compensation for a maritime injury on your own. However, navigating the legal process alone can be stressful and confusing, particularly when you are dealing with a New Jersey personal injury.

This is one of the many reasons why it may be to your benefit to work with a reputable New Jersey maritime attorney. Here are some of the other reasons you should think about contacting an attorney after a maritime injury:

You Need a Strong Advocate During the Legal Process

You will need to work with various parties as you pursue compensation for the injuries you suffered on the water, some of which may include your employer and its attorneys and insurance company if you are filing a claim under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Unfortunately, the only party that is focused on your best interests is you. While your employer and others will likely go through the process in good faith, they are not focused on ensuring you receive all of the compensation you deserve.

However, the New Jersey maritime lawyers at our firm will be singularly focused on your best interests and obtaining maximum compensation for your claim.

An Attorney Can Help Accurately Value Your Claim

Workplace injuries can have devastating effects on your life, creating long-term medical expenses, lost wages and emotional anguish.

If your injury was caused by another party’s negligence, you deserve compensation for all of the physical, financial and emotional damages you are dealing with.

Our experienced New Jersey maritime lawyers will know how to carefully review your claim to determine an accurate valuation based on all of the evidence. An attorney will also know how to document physical and emotional damages that do not have a specific monetary value attached to them.

This is the kind of expertise you need to have a chance of recovering maximum compensation.

An Attorney Has Detailed Knowledge of Relevant Laws

Making sense of the laws that apply to maritime injuries is very difficult when dealing with an injury. That is why having an attorney at your side with knowledge of these laws gives you a tremendous advantage.

The New Jersey maritime lawyers at our firm are well-versed in the laws that apply to these claims, including:

• Jones Act
• Longshore and Harbor Workers’ Compensation Act
• Death on the High Seas Act (DOHSA)

A Lawyer Can Help Guide You Through the Entire Legal Process

When you contact our firm, we will review your claim in a free legal consultation. If you have a claim and decide to proceed, we will explain the next steps you need to take to pursue compensation.

A New Jersey maritime attorney will be prepared to manage your claim from start to finish, including completing all required forms and ensuring they are submitted on time. If your claim is denied, your lawyer will be prepared to go through the appeal process to fight for your rights so you can focus on recovering from your injury.

Contact Lynch Law Firm, PC today for a free legal consultation.

Types of Maritime Injury Cases

The New Jersey maritime lawyers at our firm are prepared to pursue claims for maritime workers covered by the Jones Act, DOHSA and the LWHCA. This includes claims that occur on:

Injuries that occur on these vessels or locations are covered by maritime laws, provided these vessels were on navigable waters when the injuries occurred. Navigable waters include:

Fill out a Free Case Evaluation form right now.

Jones Act

Your maritime injury claim will be governed by one of three maritime laws, depending on the circumstances of your injury.

The Jones Act, also known as the Merchant Marine Act, applies to workers who perform at least 30 percent of their jobs on seafaring vessels, including:

Proving Negligence

This law allows eligible employees to obtain compensation for injuries caused by the negligence of a coworker or their employer.

Examples of negligent acts that could make you eligible for compensation include:

Workers who file Jones Act claims have a much lower burden of proof than people who file personal injury claims. In a personal injury claim, you must prove the other party’s negligence was the main cause of your injury. However, the Jones Act simply requires you to show that the other party’s negligence played some role in your injury, no matter how small.

Types of Benefits

The following types of benefits are available in a Jones Act claim:

• Medical expenses – This includes all reasonable and necessary medical expenses, both now and in the future. Examples could include physical therapy, nursing care and travel to out-of-town medical facilities.
• Lost wages – This provides compensation for wages lost after an injury and while you are receiving treatment.
• Lost earning capacity – This is compensation for future wages, health and insurance benefits, vacation time, retirement plans, and other benefits you are unable to earn because your injury caused a permanent disability that prevents you from returning to work. Many factors will be taken into account to determine how much compensation you receive, including age, gender and the number of years you likely would have worked if the injury had not occurred.
• Pain and suffering – You may be entitled to compensation for physical pain from your injury along with disfigurement and inability to perform physical activity. You may also be able to recover compensation for depression and other psychological problems that resulted from your injury.
• Funeral expenses – This applies to situations where the injury contributes to the worker’s death.
• Lost enjoyment of life – This is compensation for lost mobility, pain, lack of physical stamina, and other ailments that prevent the worker from enjoying leisure activities or spending time with friends, family or loved ones.

Statute of Limitations for Jones Act Claims

You have three years from the date of the accident or injury to file a Jones Act claim. This is because of the three-year statute of limitations. If you fail to file within three years, you will lose the right to do so.

However, there are some situations where you might have more than three years from the date of the accident to file a claim. If you did not immediately discover the injury when the accident occurred, you have three years from the date you discovered it to file a claim.

Longshore and Harbor Workers’ Compensation Act

This law applies to anyone engaged in a maritime occupation, if their job meets two criteria:

• A substantial amount of your work involves marine transport or the water. A truck driver who transports shipping containers from ships would qualify because his or her work involves marine transport, even though he or she does not work on the water.
• You work on, near or adjacent to navigable water. This includes those who work on piers, dry docks, terminals and places used for the loading, unloading or repair of a vessel.

This act excludes all workers who are covered by the Jones Act, along with:

• Individuals employed by a foreign government or the state or federal government
• Workers who were injured primarily due to intoxication
• Employees who were injured due to their own willful or intentional actions that were designed to harm themselves

The LHWCA is similar to workers’ compensation in that it provides compensation for injuries and diseases that arise in the course of employment. Negligence is not a factor in determining eligibility for compensation.

Types of Compensation

You may be eligible for various types of compensation from an LHWCA claim, including:

• Medical expenses – If your claim is approved, you are entitled to compensation for all medical expenses, including surgeries, hospital bills, assistive devices, testing, prescriptions and other medical costs.
• Temporary total disability – This is for employees who suffer an injury that temporarily prevents them from working. These employees receive two-thirds of their average weekly wage for as long as their injury keeps them from working.
• Temporary partial disability – This provides compensation for employees who must temporarily do a different job with the same company or a new company. This benefit is worth two-thirds of your lost earning capacity.
• Permanent total disability – This benefit is for employees who have a condition that is not expected to improve and prevents them from doing any type of job. If you are awarded this benefit, you will receive two-thirds of your average weekly wage for as long as you are disabled.
• Permanent partial disability – This is for workers with a permanent impairment that still allows them to perform some type of job, even if they have different responsibilities and fewer hours. Scheduled permanent partial disability (PPD) is for impairments in Section 8(c) of the LHWCA. Scheduled PPD provides employees with 66 and two-thirds percent of their average weekly wage for a certain number of weeks, depending on the disability. Unscheduled PPD is for injuries not listed in Section 8(c). Employees receive two-thirds of their lost earning capacity.
• Vocational rehabilitation – If you receive compensation for a permanent disability but you are able to work and there are employment opportunities within driving distance of your home, you may be eligible for vocational rehabilitation. This could include job placement assistance, skills testing, counseling and accommodations that help you do the job you did before your injury.

Statute of Limitations

According to Section 913 of the LHWCA, there is a one-year statute of limitations on filing claims. This means you must file within one year of your injury. Family members have one year to file a claim over the death of a loved one.

The statute of limitations does not begin to run until the employee or beneficiary is aware, or should be aware by exercising reasonable diligence, that the injury or death is related to the individual’s job.

Death on the High Seas Act

If an individual was killed because of a wrongful act, neglect or default that occurred on the high seas more than three miles from the shore of the U.S., his or her spouse, parent, child or dependent relative may file a claim under the Death on the High Seas Act (DOHSA).

Some of the most common examples of negligence that give relatives grounds for a DOHSA claim include:

Types of Compensation

There are many types of compensation you may be able to recover in a DOHSA claim, including:

Contributory Negligence

There are some situations where the deceased individual’s own negligence contributed to his or her death. The DOHSA does not bar recovery for the contributory negligence of the decedent.

However, if you are awarded compensation, the amount will be reduced by the decedent’s percentage of fault for his or her death.

Statute of Limitations

All DOHSA claims are governed by a three-year statute of limitations. This means a claim must be filed within three years of the decedent’s death.

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Contact a New Jersey Maritime Lawyer Today

Have you been injured or lost a loved one on a seafaring vessel or in an on-the-job accident that occurred near the water?

You may be able to file a claim under the Jones Act, the Longshore Harbor Workers’ Compensation Act or the Death on the High Seas Act.

Contact a seasoned New Jersey maritime attorney from our firm today for a free legal consultation. We can review your situation to determine all of your legal options. If you have a viable claim, our goal is to obtain all of the compensation you deserve so you can return to work or support yourself if you have lost the ability to work.

If you lost a loved one on in the high seas, we want you to have the compensation you need to support yourself and your family now that your loved is gone.

Call (800) 518-0508 or complete a Free Case Evaluation form today.

With the official start of summer fast approaching, boating safety advocates across the country have teamed up to promote safe and responsible boating through National Safe Boating Week.

This annual boating safety awareness campaign runs from May 20 to 26 and is a great time to brush up on your boating safety practices.

The Safe Boating Campaign, administered by the U.S. Coast Guard, encourages all boaters to follow these tips for ensuring a safe enjoyable time on the water this summer that is free of boating accidents.

Although boating safety is an important part of preventing accidents on the water, accidents can still happen. If they do, our New Jersey boating accident attorneys may be able to help. Contact us to learn more about your legal options.

Before You Hit the Water

Boating safety starts on land before you head for the water. In New Jersey, you must be 16 years of age or older and have a New Jersey Boating Safety Certificate to operate a power vessel, including personal watercraft, on New Jersey waters.

If you are between the ages of 13 and 16, you must also have a Boating Safety Certificate to operate a vessel powered solely by an electric motor or a vessel that is 12 feet long or longer with less than 10 horse power.

To obtain a Boating Safety Certificate, you must complete a boating safety course approved by the National Association of Boating Law Administrators.

If you will be operating a boat on non-tidal waters, such as a lake or reservoir, you must obtain a non-tidal boat license issued by the Motor Vehicle Commission.

Vessel Safety Check

Before heading to the water at the start of boating season, you should also ensure that your boat is in full compliance with all federal and state boating laws by scheduling a Vessel Safety Check with your local U.S. Coast Guard Auxiliary or U.S. Power Squadrons.

Float Plan

Whether you are a power boater or kayaker, you should create a float plan before setting out for a boating trip. You can use the U.S. Coast Guard’s downloadable float plan or create your own with the essential information detailing:

Send your detailed float plan to a trusted friend or family member.

Essentials for Safe Boating

When on the water, there are several essential items you will need, including:

The New Jersey State Police Marine Services Bureau details the safety equipment that vessels of all sizes are required to carry.

The Importance of Life Jacket Use on Boats

Each year, hundreds of people are killed in boating accidents. In 2015, the U.S. Coast Guard reported that drowning was the leading cause of death in boating fatalities. In a staggering 85 percent of those incidents, the victim was not wearing a life jacket.

Many boating accidents can be prevented by exercising simple, safe boating practices. Something as easy as wearing a life jacket every time you are on a boat can go a long way toward preventing injuries and death.

It is important to note, however, that simply storing the life jacket on the boat is not enough. Boaters should wear a life jacket every time they are on the water, as accidents often happen far too fast to get a life jacket that may be stowed away.

Many new life jackets are easier to put on and use; they are also smaller and more comfortable. Inflatable devices that you can wear while fishing or hunting can also be useful.

You should ensure that your life jacket fits properly by making sure:

Never Boat Under the Influence

Just as you should never drive while under the influence of drugs or alcohol, you should never boat while under the influence.

Boating while intoxicated is illegal in New Jersey. Those with a blood alcohol concentration of 0.08 percent or higher who are convicted of driving under the influence will have their boating and driving privileges suspended. Those under the age of 17 will have their vehicle driving privileges delayed for a term equal to the suspension period.

Be Prepared for Environmental and Weather Factors

When on the water, the weather can change almost instantly. It is vital that you check the weather before heading out on the water and prepare appropriately for the weather you could experience.

You should also regularly check for any changing conditions while you are on the water.

If you are boating in cold water, wear several lawyers that can protect against the water temperature and bring an extra set of clothes in a dry bag.

Other Safe Boating Tips

You should also use the following tips every time you boat.

• Know and adhere to the abilities of your boat.
• Know New Jersey’s boating laws and follow navigation rules, such as maintaining safe speeds, keeping a proper lookout, and knowing how to handle head-on and overtaking situations.
• Be aware of carbon monoxide poisoning, which can occur on gasoline-powered boats.

Dedicated New Jersey Boating Lawyers

Despite all of your preparation and planning, boating accidents can happen. If you are injured or lost a loved one in a boating accident caused by another’s negligence, you should not hesitate to contact the experienced boating accident lawyers at Lynch Law Firm, PC to learn more about your legal options.

You may be entitled to file a personal injury lawsuit seeking compensation for the many damages you have experienced, such as medical bills, lost wages and more.

Contact us today for a free, no obligation consultation. We do not get paid unless you do.

Call (800) 518-0508 today.