In many cases, if you are an American maritime worker injured overseas while working on a vessel, you can still file a claim for compensation in the United States. In addition to jurisdictional issues, there is a plentitude of important factors in overseas work injury accidents that workers should discuss in greater detail with their attorneys.
The first question that often arises when seamen and other maritime workers are injured abroad is which country has jurisdiction over the case. The location where the injury took place does not necessarily determine where the claim is filed. It has more to do with the relationship between the employer and the worker, as well as whether the company falls under United States jurisdiction.
If you’re a seaman, you can still file a Jones Act claim in the U.S., regardless of where the injury took place. For other maritime workers, if you can show that you can’t obtain a fair trial and receive comparable compensation in the foreign country where your accident occurred, the U.S. will often allow you to file here.
If you work for a U.S. company, chances are you can file a claim or suit in the United States. Even workers technically employed by a foreign company may still have an opportunity to file in the U.S. if the company:
Given the unique nature of overseas maritime jobs, there are a few special factors that workers should take into consideration when calculating lost wages.
When filing your claim, discuss with your lawyer the possibility of claiming compensation for the following:
Many employers and their insurance companies try to minimize their payouts to injured employees. They may try to purposefully overlook or discredit certain benefits that overseas workers have when tallying workers’ damages. If you feel the insurance company or an employer isn’t handling your case appropriately or fairly, contact a lawyer immediately
After a work injury at sea, immediately inform your supervisor and obtain medical attention. Then, locate a U.S. maritime attorney for a consultation, and begin collecting information and evidence pertaining to your accident.
For legal counsel regarding maritime injury issues, contact The Young Firm today at 866-715-3664 for a free consultation, and let us determine how we may be able to pursue compensation for you.