What is the ‘No-Fault Law’ and how does it affect my claim?
The ‘No-Fault Law’ is a sector of Maritime Injury Law in California that refers to how a claim is handled after an injury is sustained while on a vessel. This law affects how much you can be compensated for injuries that you sustain while working or participating in activities on a vessel in California waters. The No- Fault Law states that if you were injured while on the vessel and the vessel owner was not negligent in any way, then you are not able to sue the vessel owner for compensation. Instead, the No-Fault Law states that you must apply for compensation for your injuries through the Jones Act. This is an act that allows for injured mariners to receive compensation for their medical expenses and lost wages from the vessel owner’s insurance policy or through a ‘maintenance and cure’ claim. The amount of compensation that you receive will depend on the severity of the injury that you sustained on the vessel. The No-Fault Law is complicated and does not always provide you with the desired amount of compensation for your injuries. Fortunately, you can still bring a lawsuit against the vessel owner if you feel that their negligence caused your injury. You must prove how their negligence played a role in causing your injury and then you can be compensated for the damages that you suffer. Overall, the No-Fault Law affects maritime injury claims in California by putting limits on who you can sue for compensation and how much compensation you can receive. It is important to take the time to understand the law so you can protect your rights and receive the compensation you deserve.
Related FAQs
What if my employer does not provide an adequate working environment?What is ‘maintenance and cure’?
What if I develop an illness due to my job on a vessel?
What is a ‘Jones Act Seaman’ and how does it affect my claim?
How can I protect my rights when filing a claim for a maritime injury?
What if the vessel I am working on is overloaded or unsteady?
What if my employer tries to force me to work under dangerous conditions?
How do I establish employer negligence in a maritime injury claim?
What if I get hurt due to the negligence of a fellow seaman or crew member?
What are the different types of damages recoverable in a maritime injury case?
Related Blog Posts
Understand Maritime Injury Law: A Legal Overview - July 31, 2023What is a Jones Act Seaman and the Rights that Come with It - August 7, 2023
What is Unseaworthiness and How Does it Affect Maritime Injury Law - August 14, 2023
Who Covers Medical Expenses for Maritime Injury? - August 21, 2023
An Overview of Offshore Drilling Injury Claims - August 28, 2023