If you were injured in a boating accident on one of the inland lakes in Michigan, then you will probably have to file your case in the Circuit Court for the County in which the accident occurred. If you accident occurred on any of the Great Lakes or the rivers connecting to the Great Lakes, then you may be able to file your case in Federal Court, based on Admiralty/Maritime jurisdiction. There are a number of potential benefits to filing a boatingaccident case inFederal Court, under Admiralty/Maritime jurisdictionbecause Federal Admiralty/Maritime law “preempts,” or supercedes State law. There are a number of common situations where Federal Admiralty/Maritime law is more favorable than State law so you should consult with an experienced attorney before deciding where to file your case.
Our Michigan personal injury attorneys are here to help. For a free case evaluation, call us at (800) 638-6722.
If you were being paid by the owner and can be considered as a Maritime worker, seaman or member of the crew and the injury occurred while the vessel was on one of the Great Lakes or rivers connecting with the Great Lakes, then you may be able to bring a claim against the owner based on the Jones Act, as well as Admiralty & General Maritime Law. If you injury falls under the Jones Act or General Maritime Law, then you will not be entitled to Workers’ Disability Compensation benefits. In many cases, the compensation available to an injured Maritime worker is more favorable under the Jones Act and General Maritime Law, than under Workers’ Compensation benefits provided by State Law. You should always consult an experienced attorney to determine whether or not your injury is covered by the Jones Act or General Maritime Law.
Our Michigan personal injury attorneys are here to help. For a free case evaluation, call us at (800) 638-6722.
Depending on the nature of your employment and the exact location of the injury, there are many types of compensation that may be available. You may be able to bring a negligence claim against the marina owner, dock owner, or owner of the seawall. Depending on your employment status, you may be entitled to Workers’ Disability Compensation benefits. Depending on the circumstances, you may also be entitled to compensation pursuant to the Federal Longshore & Harbor Workers’ Compensation Act (LHWCA). The LHWCA typically provides benefits that are more favorable than those available under Workers’ Compensation, and there are a number of complex issues that need to be examined to determine whether or not you are entitled to LHWCA benefits. Again, you should consult with an experienced attorney before deciding how to pursue this type of claim.
Sachs Waldman P.C. are Michigan personal injury attorneys who are here to help. For a free case evaluation, call us at (800) 638-6722.
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