An Overview of the Carriage of Goods by Sea Act
For more information visist us at: http://www.jonesactlaw.com/
COGSA applies to contracts pertaining to the carrying of goods from ports in the United States or sea, and in foreign trade. Carriers are those who enter into a contract with a shipper, which could be a charterer or an owner.
Cargo can include goods, merchandise, and wares. The contract usually covers from the time cargo is loaded to when the ship discharges it; therefore, loading safely is important in order to avoid injuries and resulting claims.
Under COGSA, the carrier is the one responsible for ensuring compliance with cargo loading regulations. This includes making sure cargo is safe.
As a maritime worker, if you were injured due to the unsafe loading of cargo, you should know who can be held liable. Talking to an attorney who has experience with these types of claims can help.
Cargo Loading Regulations:
If you were injured due to improper loading of cargo, you may be entitled to pursue a claim. In most cases the ship owner is liable for any incidences involving the loading of cargo.
Injuries could result from cargo not being properly secured. Or it may stem from improper handling. No matter what the cause, you could be entitled to damages if you suffered serious injuries.
You will want to write down all of the information pertaining to the incident that you can. The more details you have, the better prepared you will be in filing a claim.
Some of the information you should have regarding injuries stemming from improper cargo loading include the following:
• date and time of incident;
• other employees who were witnesses;
• description of what took place;
• the condition that caused the incident to happen;
• if there was a failure to correct known problems; and
• specific injuries suffered.
Depending on the circumstances you may be able to receive compensation for your financial, emotional, and physical losses, or wrongful death benefits may be available in the event injuries are fatal. It's important that you speak with a maritime law attorney to ensure that your rights are protected.
Damages can address medical expenses that may include diagnostic tests, physician fees, surgery, hospitalization, and medication. You may even be facing future medical costs related to occupational or physical therapy, medical devices, and home nursing care.
Emotional losses may also be considered, such as mental anguish, pain and suffering, and more. If you have missed time from work, lost earnings could also be recoverable.
The best way to learn about all compensation that you are entitled to is by consulting with a maritime law attorney. He or she can evaluate the details of your circumstances to determine the validity of your claim and who may be held liable.
Seeking Help from a Maritime Law Attorney in Louisiana
If you need help in learning what your rights are and how the Jones Act may impact you as a maritime worker, you should contact a maritime law attorney in Louisiana. Maritime claims can be complicated and should be handled by knowledgeable legal counsel.
At the Young Firm, we can provide not only experienced legal help but we offer you a free guide that can help you better understand your rights. Download the Employee’s Guide to Maritime Injury Law to learn more. Call our office today at 1-866-938-6113 or 504-680- 4100.