What Damages Might Be Recovered In This Type Of Accident?
Certainly under the Longshore Harbor Workers Compensation Act, the worker would be entitled to medical benefits and a certain portion of their pay. There is also the schedule for permanency awards depending on the type of injury sustained.
In addition to that, under both the general maritime law and New York State Labor Laws, depending on which one applied and what kind of case it was, the worker might also be able to recover damages for pain and suffering, for disability, reduced earning capacity, if that was the case, and even future medical needs, which are some of the types of damages that could be claimed in a maritime cause of action.
A worker who is a Jones Act fellow or a regular member of a crew, would also be entitled to “Maintenance and Cure”.
What Could Hurt A Pending Case Or The Amount Of Compensation?
The biggest thing people do to hurt their own case is to just sign anything without reading it and without making sure it was factually accurate.
Another mistake people commonly tend to make is by just going back to work too early and delaying medical treatment because then insurance companies or anyone could say that the injury the person was diagnosed with was not related to the accident, because they had actually gone back to work after that.
It would be really important for the person to go and see a doctor if they were experiencing pain or having problems, so that their injury could get diagnosed properly and this way the injury could be properly attributed to the accident.
By going to a doctor or a specialist, the person would be able to take away the ability of the insurance company to try and turn their back on the person and just walk away from their responsibilities.
What Is Maximum Medical Improvement In A Maritime Construction Claim?
Maximum Medical Improvement would be the point at which the person would not get any better because they had gotten as good as they would get. It is typically the responsibility of the carriers to get the person to that point.
Once the worker had gotten to that point, the insurance company would often try and cut-off their benefits, although if the worker was able to show they needed further treatment to get better, then obviously they would still have a right to those benefits.
This concept would not really be applicable in lawsuits for either general maritime law or for the Jones Act or for New York Labor Law violations, because the worker would be entitled to recover projected future treatment charges including palliative care.
The worker would even be entitled to recover the cost for any care they might need to alleviate any pain or to just maintain their condition, even if it was not expected to dramatically improve their medical condition.
What Rights Would Family Members Have For A Wrongful Death?
This would depend on where the person was killed and how they were killed.
The rights would be somewhat cumulative but if the worker was actually killed on navigable waters, either on a boat, on a vessel or on a float stage, then the family would be entitled to damages under the Death on the High Seas Act, although if they were injured on the land, then it would generally be considered a Wrongful Death case under the New York State laws.
The first step would be to set up an estate for the person. A number of inexperienced attorneys bring cases on behalf of just the family members alone and all of those cases are dismissed because they needed to actually go to the circuit court to get an estate set up and then obtain letters of administration to be able to go forward with the lawsuit.
Once that is done, the beneficiaries would be the family members of the deceased individual who suffered a wrongful death. Under both New York law and under the federal Death on the High Seas Act, those beneficiaries would have the right to sue the parties responsible for the deceased’s pain and suffering before he died and any financial support they could show that the deceased individual would have provided throughout the course of their life to them.
They would also be able to obtain damages for loss of services. For example, in the case of a child, we would typically have an analysis done for the cost of education, guidance and other services the deceased individual actually provided and we would have an economist project actual rates of what the value of those services would be.
Furthermore, the Longshore Harbor Workers Compensation Act also has a death benefit.
How Would The Person’s Own Health Insurance Or Medicare Affect Their Compensation?
The two would typically go hand-in-hand because initially, the purpose of the Longshore Harbor Workers Compensation Act is to provide a ready source of benefit for someone who was injured in this type of an accident. They would pay first, and when the worker brought a lawsuit, the worker would be entitled to recover lost wages.
Whoever had provided the benefits would typically have a lien to get back what they had paid out, so that could be included as being part of the damage element in the lawsuit, because the insurance carrier who had provided the Longshore Harbor Worker Compensation benefits would need to be paid back.
The worker’s own insurance carrier would typically only have to pay if there was either no other insurance applicable or if the applicable insurance had been expanded.
Medicare would really only get involved if either the worker was of a certain age, or if they had qualified for social security disability. Someone who was totally disabled and who qualified for social security disability would be able to obtain Medicare but then, that would also have to be repaid out of the lawsuit.
For more information on Damages For Injury Or Wrongful Death, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (877) 580- 6636 today.