Miami Admiralty Lawyer Defends Against Maritime Injury Claims
Representing employers, vessels and vessel owners in accident cases
Because of the dangers they face, sailors are provided with some of the strongest legal protections of any workers in the country. Because of these laws, maritime employers often find themselves involved in complex and potentially expensive claims. The Jones Act entitles injured seamen to remedies that are not available to other workers. Workers on drilling rigs and oil platforms are often covered by the Death on the High Seas Act (DOHSA) and the general maritime law. Dock workers can seek remedies under the Longshore and Harbor Workers’ Compensation Act (LHWCA). John D. Kallen has experience defending vessel owners and other maritime employers in all types of injury cases.
The rights of sailors under the Jones Act
Rather than being subject to the workers’ compensation laws of Florida, seamen are given special protection in the Jones Act. In order to qualify as a Jones Act seaman, an employee must work on a vessel and be injured while acting in service to that vessel. Seamen are eligible to receive “maintenance and cure,” which consists of an allowance and medical treatment until they have reached maximum medical improvement (MMI). I defend vessel owners by disputing an employee’s claim that he or she is a Jones Act seaman.
Representing defendants in other maritime cases
Because the Jones Act only applies to certain workers, some cases instead fall under the general maritime law which allows for negligence claims. I present a strong defense in negligence claims by showing that you and your business followed safety regulations and standards.
I also defend against claims arising under the LHWCA and DOHSA. The LHWCA applies to maritime workers who were injured on land in Florida, as well as dockworkers and stevedores. It functions like a national workers’ compensation system. DOHSA allows the family of maritime workers to seek compensation for their deaths when they were killed due to negligence at sea. I work with you to build a solid defense using all available evidence and witness testimony.
Protecting your vessel and other business interests
I represent ships and other vessels when employees try to seize or arrest them. I also defend your vessel when it is sued in rem</>. In maritime cases involving people other than employees, I limitation on liability law to prevent you from owing more than your vessel is worth.
Trust me to minimize your exposure in maritime injury cases
Maritime cases are very different from standard injury cases. If you are faced with a maritime claim, you need an attorney with experience defending admiralty cases. As a maritime injury attorney, I have experience helping businesses protect themselves and limit their exposure in injury claims. Call 305-956-5775 or contact me online to arrange a consultation with an admiralty lawyer.