Injured on Maritime Duty: Legal Options for Military Personnel

Injured on Maritime Duty: Legal Options for Military Personnel

Serving in the military is a commitment that comes with inherent risks. Military personnel are trained to handle dangerous situations, but despite rigorous training and precautionary measures, injuries can and do occur. But what are your rights if you suffer an injury? Can you recover benefits from the military? Can you file a lawsuit to recover additional compensation? What if it was an offshore injury?

If you are injured on duty, understanding your legal options is crucial for securing necessary support and compensation. This blog explores the various avenues available to military personnel who are injured while serving offshore.

Understanding Military Compensation After a Maritime Injury

The Department of Veterans Affairs (VA) offers a range of benefits and compensation for service-related injuries. These include disability compensation, which is a benefit paid to veterans who are partially disabled due to injuries or diseases sustained during active military service.

To qualify for VA disability compensation, service members must demonstrate that their injury is connected to their service. This requires medical documentation and, often, a VA medical examination to establish the extent of the injury and its link to military service. But it is often a complicated legal matter as injuries in the military are related to other types of injuries.

Military injuries are not the only risks service members face. Those who transition to offshore work face dangerous situations on the sea that can cause many types of offshore and maritime injuries. Offshore injuries, whether on oil rigs, cargo ships, or other vessels, often fall under the Jones Act, which allows injured maritime workers to seek compensation for employer negligence for physical injuries and mental health struggles, also known as pain and suffering. Military and offshore injuries alike demand skilled legal advocacy to navigate these complex systems and ensure victims secure the financial support they deserve.

Servicemembers’ Group Life Insurance (SGLI)

Another important financial resource is the Servicemembers’ Group Life Insurance (SGLI), which provides coverage to eligible service members. In the event of a severe injury, the SGLI Traumatic Injury Protection (TSGLI) offers financial assistance to help service members and their families cope with expenses related to traumatic injuries. 

TSGLI is an add-on to the SGLI policy and is designed to provide quick financial assistance, ensuring that injured personnel can manage increased financial expenses. 

Military Disability Retirement After an Offshore Injury

If a service member has sustained an injury that forecloses future military service, military disability retirement may be an option. This provides a lifetime benefit based on the severity of the injury and years of service. 

The process for determining benefits involves a thorough medical evaluation by a Physical Evaluation Board (PEB), which evaluates a service member’s fitness for duty and assigns a disability rating. This rating impacts the retirement pay, with higher ratings resulting in more significant benefits.

Filing a Maritime Accident Lawsuit

For injuries sustained off-base or due to the actions of third parties, military personnel might have the option to file a personal injury lawsuit against the individual. For example, if a service member is injured in a car accident caused by a civilian driver, they may pursue a car accident lawsuit. 

Seeking Legal Assistance From a Personal Injury Lawyer Specialized in Maritime Injuries

Navigating your legal options after suffering an injury during active duty can be complex, given the unique legal and regulatory environment governing military service. Injured service members should consult with legal professionals who specialize in personal injury or military law. These advocates can provide guidance on eligibility for benefits, assist in gathering the necessary documentation, and help in filing claims or pursuing legal action.

Additionally, various organizations and resources exist to support injured military personnel. The American Bar Association and other veteran-focused legal services offer free or low-cost legal assistance to service members seeking to understand and exercise their rights.

Contact An Experienced Maritime Injury Attorney For Help Understanding Your Options

Injured military personnel have several legal options to consider when seeking compensation and support. From VA disability benefits and TSGLI to pursuing personal injury lawsuits, understanding these options is crucial for obtaining the resources needed for recovery and future stability. 

Legal assistance is invaluable in navigating these processes, ensuring that service members and their families receive the benefits and justice they deserve. Contact an experienced lawyer today for help understanding your rights and options after suffering an injury during active duty.

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