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Legal Remedies for Workers Injured at Sea – Maritime Injury Cases

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.

How you can pursue a 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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    5.0/5.0

    I had a great experience with Shim & Chang. I was injured in a moped accident and needed help with making sure all my medical bills were taken care of. Harvey was my lawyer, and he was excellent. He was very efficient and knowledgeable, and broke dow...

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    Annie Keyes

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    5.0/5.0

    The attorneys of the law firm Shim and Chang are excellent, helpful, trustworthy, compassionate and conduct their business with integrity. Shim and Chang are not a law firm looking only to make money. Rather, Shim and Chang showed me they truly cared...

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    Kimberly Kau

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    5.0/5.0

    When the condo owner living above us caused water damage to our condo, we were displaced for nearly two months. When his insurance carrier refused to compensate us for the inconvenience and the temporary housing cost, we hired the law firm of Shim an...

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    Dean N

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    5.0/5.0

    I was injured while on vacation in Hawaii and actually was referred to Shim and Chang by an attorney that had litigated against them in the past. I was told that if she were in my position that is who she would contact. Immediately that was a plus an...

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    Suzanne Shaw

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    This is the kindest, most well-prepared and capable group of lawyers you can find. I contacted them for a personal injury due to negligence. They took care of me in every way. Every member of the team, from the office administrative to legal aid and ...

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    Kimberly L.

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Roy K. S. Chang Attorney Photo
Roy K. S. Chang
Partner

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…

Harvey M. Demetrakopoulos Attorney Photo
Harvey M. Demetrakopoulos
Partner

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…

 Attorney Photo

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…

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