Miami Yacht Crew Accident Lawyer
Yachts are a big business throughout Miami, Ft. Lauderdale and the surrounding Florida communities. These yachts often require a several-member crew in order to operate and maintain the watercraft. Since these yacht crew members are aboard a sea-bound vessel, the same laws that protect commercial ship crew members also apply to them in situations where a yacht accident has caused injuries. To understand your rights as a yacht crew member, turn to the experienced Miami yacht crew accident lawyer at the law offices of Michael F. Guilford, P.A.
Michael Guilford has been providing quality admiralty and maritime law representation to crew members who have sustained injuries in a yacht accident or other boating mishap. My knowledge and experience in this area allow me to explain your rights and provide a realistic view of all possible outcomes of your case.
Common Causes Of Yacht Crew Accidents
Yacht crew members face numerous risks due to the nature of their work. Accidents can occur for various reasons, often related to the vessel’s environment or human error. Common causes include:
- Slips and falls on wet or uneven decks
- Faulty or poorly maintained equipment, which can malfunction during use
- Lack of safety protocols or insufficient protective gear
- Collisions with other vessels or stationary objects during docking or navigation
- Harsh weather conditions, such as heavy seas or strong winds, which make tasks more dangerous
Other factors, such as overexertion, long shifts and inadequate training, can also contribute to dangerous situations. These risks can lead to serious injuries, making it important for injured crew members to understand the legal protections available under maritime law.
Steps To Take After A Yacht Crew Accident
If you experience a yacht crew accident, taking certain steps is crucial to protecting your rights and well-being. Here’s what you should do immediately after an incident:
- Seek medical treatment promptly, even for minor injuries
- Record the incident, noting hazardous conditions and witness statements
- Report the accident to your employer in writing
- Keep thorough records of medical visits, treatments and related expenses
These steps are vital for supporting your legal case, as they help establish a clear and detailed record of the events leading to the injury, allowing all relevant factors, including hazardous conditions or negligence, to be accurately documented and used to strengthen your claim.
Understanding Maintenance And Cure
Under maritime law, injured yacht crew members are entitled to maintenance and cure. Maintenance covers your basic living expenses during recovery, while cure pays for your medical treatments until you’ve recovered or reached the point of maximum medical improvement. This compensation is provided regardless of fault, but the process of claiming these benefits can involve specific legal procedures.
At Michael F. Guilford, P.A., I help injured crew members recover the compensation they are entitled to under the Jones Act and maritime law. This includes pursuing claims for maintenance and cure to help you cover essential costs while you focus on recovery.
Your Rights Under The Jones Act And The General Maritime Law Of The United States
As a yacht crew member, your injuries are not eligible for a workers’ compensation claim, but they do fall within the purview of the Jones Act and the general maritime law of the United States. You are entitled to the same type of maintenance and cure as a crew member on a commercial vessel. This may seem complicated and confusing; however, I am exceptionally skilled at helping individuals understand the Jones Act, as well as the general maritime law of the United States and how it applies to your situation.
Legal Rights Of International Yacht Crew Members
International yacht crews work in an environment with complex legal rights and obligations as they move around multiple jurisdictions with varying regulations. Such complexity can affect employment contracts, labor laws and injury claims. Understanding which laws govern their employment and legal claims is essential.
One legal protection for U.S. maritime workers is the Jones Act. This act applies to crew members working on U.S.-flagged vessels or in U.S. waters, giving them specific rights, including:
- The right to sue for damages due to employer negligence: If a crew member suffers an injury due to negligence, they have the right to pursue a lawsuit for damages. This includes compensation for medical expenses, lost wages, and pain and suffering.
- Entitlement to maintenance and cure benefits: Injured crew members are entitled to maintenance (daily living expenses) and cure (medical care) benefits while they recover from their injuries.
- Protection from wrongful termination: Crew members are protected from being fired after filing a claim, allowing them to seek legal recourse without fear of retaliation.
Additionally, international yacht crew members must know their employment contracts and agreements, which outline:
- Wages: Crew members are entitled to fair compensation for their labor. The contracts should specify payment schedules, overtime rates, bonuses or incentives for extra work or special circumstances.
- Working hours: Contracts should outline expected working hours, including time off and rest periods.
- Living conditions: The agreements should stipulate the quality of living accommodations on board, including access to food, sanitation facilities and sleeping quarters.
- Health and safety: Contracts should detail the employer’s responsibilities for health and safety measures aboard the vessel.
- Repatriation rights: Employment agreements should include provisions for repatriation, as crew members have the right to return to their home country at the end of their contract or in case of injury, illness or termination.
These standards are essential for protecting the welfare of seafarers and help to ensure fair treatment regarding the rights of the crew members while on the vessel.
In the event of an injury requiring medical treatment, crew members may need to extend their stay in the U.S. This process can involve complex immigration and visa issues. Working with yacht crew accident lawyers to help with visa extensions and handle related legalities is crucial. It helps to ensure crew members receive necessary medical care without jeopardizing their immigration status.
Contact An Experienced Miami Yacht Lawyer Today
Contact a Miami yacht crew accident lawyer at the law offices of Michael F. Guilford, P.A., to learn more about your rights and legal options. A free initial consultation is offered so you can meet personally with a member of our legal team. Our skilled attorney can walk you through the process of filing a claim and seeking justice for any injuries you have suffered. Call 855-446-4995.