Maritime workers are at a great risk for on-the-job injuries. Seamen who spend their lives out on the ocean could be days away from medical help should an injury occur. Because of this and the unique safety requirements for working at sea, there are certain legal remedies available to those injured at sea which allows them to obtain just compensation following an injury.
The Jones Act allows injured seamen to receive compensation for injuries caused by the negligence of their employer or a co-worker. The injured seaman can also make a claim against the sea vessel’s owner should the vessel be proven to be less than seaworthy. The owner of a sea vessel has a duty to provide a ship or boat which is seaworthy, equipped with proper safety gear, with a competent crew. The vessel must be safe for those who work on it.
A form of benefit — similar to workers’ compensation — for those injured at sea is known as maintenance and cure and offers a daily allowance to cover appropriate medical care as well as basic food and shelter costs. Injured mariners have the right to this maintenance and cure benefit, apart from a claim through the Jones Act. If the injury is caused by an independent contractor, the worker may be able to pursue a legal claim as well as a Jones Act Claim.
The experienced maritime attorneys at Shim & Chang will work to identify all possible sources of compensation following a work injury at sea. If your employer attempts to deny maintenance and cure payments, they may be able to collect additional awards of damages and attorney fees from your employer or the owner of the ship. In instances where a seaman is killed while working on a vessel at sea, special laws may apply to assist the deceased’s family in obtaining just recovery.
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The Estate of Mark Tokuyama v. City and County of Honolulu Jury awarded $953,114.57, which at the time was the highest award ever for a drowning case.
$7 Million medical malpractice settlement.
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With more than 30 years of practical and trial experience handling all types of personal injury cases, Roy K. S. Chang has molded Shim & Chang into a highly creative and innovative law firm that honors the Hawaiian spirit of aloha. He has achieved an AV rating from Martindale-Hubbell, the national directory of attorneys, indicating…
With his unique name and background, Harvey M. Demetrakopoulos' character and experience have greatly added to the creative and innovative approach of Shim & Chang. He has been with the firm since 1996, exclusively handling personal injury cases. Raised in Honolulu, Harvey graduated from Kaimuki High School and attended the University of Hawaii at Manoa…
Alvin Tong Shim, Founder of Shim & Chang In Memoriam of Alvin Tong Shim, November 10, 1923 - June 24, 2006 The Spirit of Aloha Born in Wailuku, Maui on November 10, 1923, Alvin Tong Shim was the second child and first son of Henry and Helen Shim. As a young boy, he earned money…