If you live or work on a body of water, operating watercraft may be second nature to you. However, even years or decades of experience in operating tugboats and other "working" boats won't always protect you from injuries, and you may find yourself facing a long recuperation if you happen to be standing in the "snap-back" zone when a metal cable gives way and goes rogue. What are your legal options if you're injured in a snap-back accident? Read on to learn more about this niche area of maritime law and how you may be able to receive compensation for your injuries.
If you were injured on the job:
On-the-job tugboat injuries are generally compensable through one's employer's workers' compensation policy. Because snap-back accidents involving a metal cable are one of the more common on-the-job accidents for tugboat employees, maritime employers are nearly always required to carry workers' compensation insurance to protect any workers who may suffer this or other work-related injuries.
Your first step should be to report the accident to your employer so it can begin the claims process. In most cases, your employer will submit paperwork to its workers' compensation insurer, and the insurer will open a case. After some preliminary investigation (which may include obtaining your medical records and any statements from those who witnessed the injury), this insurance company should cover your medical costs, lost wages, and any other reasonable expenses stemming from or related to your accident.
If your employer doesn't have workers' compensation coverage or the workers' compensation insurer denies coverage, your next option is to file a personal injury lawsuit against your employer directly. Prevailing in this type of lawsuit can result in the award of medical expenses, lost wages, and even punitive damages if the employer was especially negligent or reckless in a way that increased your likelihood of injury.
If you were injured during a recreational activity:
Tugboat injuries that are sustained while you're not in someone else's employ can be trickier to handle than those that tend to be covered by workers' compensation insurance, and in most cases, you'll need to sue the responsible party directly. Sometimes, this may be the boat owner or operator; in other cases, it could be a person whose actions were the "proximate" (or direct) cause of your injury.
Because snap-back tugboat accidents can be physically damaging and legally complex, it's best to enlist the help of an attorney experienced in maritime law before you pursue your day in court. For instance, try a firm like Maritime Law Center.
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