How Long Do I Have to File My Maritime Injury Claim?
The answer depends on what type of claim you intend to file. Every case is unique and best determined with the help of a legal professional. While cases vary from situation to situation, they also vary from state to state. Each state has a different standard for the time allotted after an injury is sustained to file.
As a maritime worker, the time allowed depends on which maritime law you are covered by. For instance, a Jones Act or maritime law claim typically must be brought within three years from the date of injury. That period may be shorter or longer, depending on the facts of your case and whether specific notice requirements apply. On the other hand, if you are filing for benefits under LHWCA, you must give notice of the injury to your employer within 30 days after it occurred, while a formal claim will need to be filed within one year from the date of the injury. Those covered under LHWCA are not just seamen but also include those who are adjacent workers. These workers can include those who load and unload ships and those who work in shipyards.
Can I Get Fired for Working with an Offshore Injury Attorney?
First, it is essential for injured or ill maritime workers to know that no one will know if you have talked with a representative from a maritime law firm because it is their job to offer confidential consultations.
Second, if a co-worker or employer encourages you not to speak with an attorney, it is a sign to seek counsel right away. That type of conduct usually indicates the party who caused your harm will be trying to evade their duty to compensate you for medical expenses, lost income, and other damages. Your co-workers or employers may also try to discourage you from seeking help just because they are not fully aware of maritime law.
Finally, under general maritime law, a seaman who shows they were dismissed from their job because they brought a claim against their employer may be able to recover for their losses.
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At Arnold & Itkin, we can answer any questions you have at no cost to you. Not only are our consultations confidential, but they are also free of charge. We want to listen to your concerns to determine how best to help you. Our Houston personal injury attorneys know how to deal with offshore companies and have a successful record of winning record-setting results. Call us now for help from a team that will fight for what you deserve, no matter what.
