Common defenses used against maritime injury claims and how to fight back

Finding yourself injured out in the middle of the ocean while handling the course of your work is a troubling experience. While ships often have ample medical supplies, getting evacuated or trying to get certain types of medicine or supplies can sometimes be a challenge, which is why avoiding injury at all costs is ideal. However, injuries can still happen to workers handling jobs at sea, which is what causes the scope of maritime law cases to be different from standard workers’ compensation or personal injury cases. The nature of these cases raises unique defense strategies that may not be seen otherwise, which is why learning what these defenses are, and how to counter them, is so important.

1. The “Unseaworthiness” Defense
The first defense that may be thrown against your argument is that employers may argue that the vessel was completely seaworthy so that they can’t be held liable for the incident. They may try to argue that the reason your injury was caused was due to your own negligence on the job, rather than something that would be their fault through the ship. The only way to counter this type of argument is to prove that their was faulty equipment, a lack of maintenance performed, poor working conditions that contributed to the injury, or other similar arguments.

2. The “Comparative Fault” Defense
Another defense that may be thrown at you is that an employer might argue that you were partially to blame for your own injury, citing comparative negligence. Under a comparative negligence system, assuming it’s pure comparative negligence, your reward amount will be reduced by whatever percentage you are deemed to be at fault for the accident. This means that if you are awardd $100,000, yet found to be 30% at fault, you would only receive $70,000. If you are operating in an area with modified comparative fault, it’s possible that a percentage over 50% will void you from receiving anything at all.

3. The “Pre-Existing Condition” Defense
Insurance companies may try to argue that any injury you received from the accident was actually caused by a prior medical condition, rather than the accident itself. For example, say you had an old hip injury that caused you to not have proper balance and you kept this hidden. If this led to the accident then there may be a viable defense. However, you need to use medical records and expert testimony to show that the injuries you sustained, and any you may have had prior, are all new or significantly worsened as a result of working conditions.

4. The “Assumption of Risk” Defense
A unique argument that can be made is that an employer may argue that you knowingly accepted the risks of maritime work, similar to signing a waiver. However, there are numerous legal protections under something known as the Jones Act. This act is the statute that gives workers the right to sue their maritime employer for negligence, similar to workers on land through a standard workers’ compensation claim. All it states as a basis is that employers are responsible for safety on their vessels, regardless of the risk that may come with the job.

5. The “Failure to Report the Injury Immediately” Defense
Another type of defense you may be slapped with is an employer arguing that you waiting to report your injury meant it wasn’t serious or that it wasn’t actually caused by work. This is why it’s important to report your injury and get the case submitted immediately or, at the very least, visit a doctor who can do a write-up on your injuries, which will have a date. It will also help if you can show why the delay happened in the first place, such as a lack of access to medical care, and provide a witness statement to the event that can support your claim beyond medical bills themselves.

6. The “Independent Contractor” Defense
A stickier defense that may come across your argument is the standpoint that you are not a fully fledged employee, but rather a contractor. If this is true, then your argument will be more of an uphill battle, as independent contractors aren’t always entitled to the same workers’ rights as employees in many cases. While there are still maintenance requirements for maritime vessels, they don’t need to protect your activities on the job. If you are an employee, though, try to use employment records, work history, and job duties to show that there was a pre-existing employer-employee relationship in existence.

How to Strengthen Your Case Against These Defenses
You never want to be in the position where you are being called into question for injuries that you claimed. It’s a frustrating experience and one that can leave you feeling undervalued and betrayed by your employer. By gathering witness statements, photographic evidence, and documenting your injuries, though, you can debunk most of these defenses right off the bat. In the event that there are more nuances to your case, it may behoove you to contact a maritime injury lawyer who can assist you with the legal process that may be coming. They will assist you with gathering evidence, negotiating with insurance and your employer, and the general injury legal claim guidelines that you need to follow.

Fight for your rights after a maritime incident
After you suffer an injury due to the negligence of your own employer while at sea, you need to be ready to defend yourself against any potential defenses. Both insurance companies and your employer may try to fight back, which is why you need to take the time to prepare an argument. Work with an accredited lawyer who can help you gather all the details you’ll need to build a strong case that works in your favor, rather than against you. Doing so will ensure that you have the best shot of winning your case and recouping compensation for the damages you suffered as a result.

Photo by Chris Pagan on Unsplash

The article Common defenses used against maritime injury claims and how to fight back first appeared in TravelDailyNews International.