Frequently Asked Questions about Boat Accidents and Injuries
Q: Who is liable if a crewmember is injured while working?
A: A person injured while employed as a maritime worker over navigable waters will be covered by federal law. Under federal law, the employer is generally liable for injuries or the wrongful death of an employee.
Q: What are navigable waters?
A: "Navigable waters" are all waters, which are capable of transporting people or cargo between the states and other countries.
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The most common causes of boating injuries and fatalities are: Capsizing, Falling Overboard & Collisions.
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Pennsylvania Boating Accident Lawyers
Skilled Boat Accident Attorneys
A boating accident can change your life in an instant. What begins as a day of recreation can end with serious injuries. You may be unable to work, and faced with the awesome responsibility of paying off substantial medical expenses.
Deckhands, barge workers and other offshore workers who are injured while on the job are encouraged to contact a skilled boat accident attorney to discuss their rights under the Jones Act and Longshore and Harbor Workers' Compensation Act. We have experience representing inland river workers who have been injured on the Ohio, Kanawha, Allegheny and Monongahela Rivers.
At the Moschetta Law Firm, P.C. in Washington, Pennsylvania, a boating accident lawyer with extensive law practice and trial experience will guide you through the process of filing a claim to recover compensation for the injuries received while working or traveling on a boat. There are often time restrictions that prohibit injured victims from bringing a claim more than one year past the date of the boat accident. Therefore, it is important that you involve an attorney early in the process so you get the compensation you deserve.
This page is intended to provide you with a general overview of boating accident law. Call 1-877-472-1578 for a free initial consultation to discuss the specifics of your case.
Boat Accidents and Injuries - An Overview
According to the United States Coast Guard, in the past decade, there has been an increase in registered boats and personal watercraft (PWC) in the United States. In particular, the use of personal watercraft, such as Jet-Skis and other brands, has exploded since the 1990s. Not surprisingly, the United States Coast Guard also reports that each year there has been an increase in boating accidents that have resulted in serious injuries and sometimes death.
If you have been injured on a boat, while boating or while engaged in other water sport activities, contact an attorney in your area to learn more about your legal rights. You may be entitled to compensation for your injuries.
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The Jones Act
The Jones Act is a federal statute that provides a remedy for injured workers. According to this act, 46 U.S.C.A. § 30104, “A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer.” An injured crewmember may have a claim against his or her employer (ship owner) for negligence if the vessel is unseaworthy. It is the duty of the ship owner to maintain a vessel that is seaworthy. This includes the vessel, gear and appliances. This duty is absolute and not based on the fault of the ship owner.
According to the Jones act, “A defective condition of the vessel which proximately causes the seaman's injury makes the ship unseaworthy as to him.” This does not mean that the entire vessel is unfit or unseaworthy. The crewmembers remedy applies only against the owner of the vessel, gear or appliances. If you are a crewmember that has been injured while employed on a seagoing vessel, contact a maritime law lawyer to discuss your legal rights.
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Maritime Law
Maritime law, often called admiralty law, is a set of legal rules and practices governing the business of employment and transportation of people and goods over or near navigable waters. If you have been injured while employed by a vessel or while you were a social guest on a vessel, it is important to consult an attorney to help you understand what conditions must be met to apply maritime law.
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Boat Accidents and Injuries Resource Links
US Coast Guard Home Page
Statistics, facts and history related to safety, boating information and the US Coast Guard.
US Coast Guard Office of Boating Safety
Provides information about accident prevention, safety, regulations, recalls and statistics about accidents and fatalities on US waterways.
US Coast Guard Marine Safety, Security and Environmental Protection
US Department of Homeland Security website containing news and information on the US Coast Guard. Information includes organizational charts, directory, programs and services
US Department of Transportation, Maritime Administration
Contains a compilation of federal maritime laws, including the Merchant Marine Act, Documentation of Vessels, the American Fisheries Act and the Shipping Act.
International Organization of Masters, Mates, and Pilots
The International Marine Division of the International Longshoremen's Association, AFL-CIO. Contains information on membership, future plans, maritime professionals' links and resources.
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The Moschetta Law Firm, P.C. in Washington, Pennsylvania handles cases along the major rivers in Pennsylvania, Ohio, West Virginia and Kentucky, including the Ohio River, Kanawha River, Allegheny River and Monongahela River. We represent clients in Washington, Pittsburgh and Beaver in Pennsylvania; East Liverpool, Gallipolis, Marietta and Steubenville in Ohio; and Ashland, Charleston, Huntington, Marietta, Marshall, Mason, Morgantown, Parkersburg, Point Pleasant, Weirton and Wheeling in West Virginia.
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