If a vessel is uninsured, who pays for my medical expenses and lost wages after a maritime injury?
In South Dakota, if a vessel is uninsured and you are injured while working on the vessel, you may be eligible for payment under the Jones Act and other maritime laws. The Jones Act allows for seamen or maritime workers injured while serving on vessels to seek compensation for negligence from their employers or vessel owners. Additionally, seamen may be able to recover certain lost wages and medical expenses related to the injury through a separate process known as Maintenance and Cure. Unfortunately, if the vessel is uninsured and the seaman does not have access to Maintenance and Cure, then they may be on their own when it comes to paying for medical bills and lost wages. Unless there are other sources of compensation available, the injured seaman will need to cover the costs out-of-pocket. Fortunately, some vessels may carry certain collectible insurance policies which may provide financial assistance for injured seamen. For example, the owner of the vessel may carry an insurance policy which covers medical expenses and lost wages in the event of an injury. Additionally, there may be other sources of compensation available, such as worker’s compensation or other state-specific laws. For more information about uninsured vessels and maritime injuries, it is recommended that you speak with a South Dakota maritime attorney for legal advice and assistance. An attorney can evaluate your case and help determine whether or not you have any legal options available for recovering compensation.
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