If a vessel is uninsured, who pays for my medical expenses and lost wages after a maritime injury?
If you are injured in a maritime accident due to negligence or unseaworthiness, you may be entitled to compensation for your medical expenses and lost wages. Unfortunately, if the vessel is uninsured, you may face a difficult situation in terms of recovering money for your losses. The Jones Act, a federal law that applies to maritime accidents, allows a crewmember to sue their employer if their job-related injury was caused by negligence or the vessel was deemed unseaworthy. Under the Jones Act, if the vessel is uninsured, the vessel owner may become financially liable for medical expenses and lost wages, but there are instances where the law may foist these financial burdens on the crewmember. Fortunately, the presence of an uninsured vessel does not absolve the vessel owner of responsibility and the injured party can still try to hold them accountable. If the vessel owner fails to adequately cover all of the medical expenses and lost wages, the injured party may be eligible for compensation from the Shipowner’s Limitation of Liability Act (SLLA). This act provides a fund from which injured seamen may collect compensation, but it should be noted that the amount of compensation is limited to the value of the vessel, so it is important to have an experienced maritime attorney to ensure you receive the funds to which you are entitled. In the case of an uninsured vessel, there are still options available, but it is always best to consult with a maritime injury attorney to ensure you are able to seek out the most beneficial outcome.
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