Maritime Law Attorneys And Their Role In Defending Insurance Claims.

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Photo - This undated photo from the U.S. Army shows the U.S. Army Staff Sgt. Logan Melger, a Green Beret, died of non-combat injuries in June 2017 in Mali. The US Marine's defense attorney told the jury that he played a minor role in the US Green Beret's crime and should not be charged with murder or other crimes in the soldier's death. Marine Lieut. Col. spoke. Timothy Kuhn on Wednesday, June 30, 2021, at the US Navy Base in Norfolk, Virginia. He said he did not touch Mario Madera-Rodriguez until he tried to help Melgar during the emergency. (U.S. Army via AP, file)

Maritime Law Attorneys And Their Role In Defending Insurance Claims.

The US Marine's defense attorney told reporters Wednesday that he played a minor role in the killing of the US Green Beret and should not be convicted of manslaughter or other crimes in the soldier's death.

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Speaking at Naval Headquarters in Virginia, Marine Lt. Timothy Kuhn said that Col. never moved. Mario Madera-Rodriguez is Staff Sgt. Until Logan Melgar tried to help him during the crisis in Africa in 2017.

Kuhn said in closing arguments at the trial for Madera-Rodriguez. The Marine was the last of four American soldiers to face a court martial in the Melgar shooting.

Madera-Rodriguez, who was part of a special operations group in the Navy called the Raiders, was one of four men who pleaded not guilty. Others, including another Marine and two Navy SEALs, have already filed charges against the military.

Police prosecutors said the men were angered by Melgar's views on his stay in Mali. In particular, some were angry that Melgar and others did not attend the meeting at the French embassy in Bamako city because they got separated in traffic.

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Prosecutors said their plan was to embarrass Melgar by knocking him unconscious while filming on a cellphone camera.

Despite being aware of the danger of "texting" and the dangers of chokeholds, "they still do it," military lawyer Benjamin Garcia said in his closing arguments Wednesday.

Navy Cmd. Garcia told jurors Madera-Rodriguez picked out some tape to help tie up the Green Beret. Garcia said Madera-Rodriguez chose to restrain him while the Navy SEAL applied the chokehold. Melgar died of strangulation.

Many of Madera-Rodriguez's defense attorneys' closing arguments took place in closed session while discussing special documents. But in open court, his lawyers disputed much of the federal record.

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Kuhn said Madera-Rodriguez's work was limited to smashing Melgar's door with a hammer, playing music and bringing in two Malian guards as part of the prank.

Kuhn also said the federal case against Madera-Rodriguez is like a "house of cards" based on the illegal use of the law.

For example, Kuhn said, Madera-Rodriguez could only be found guilty of murder if convicted of burglary, a case related to those who broke into Melgar's room. But Kuhn said the theft charges were based on an overnight allegation and that was false.

"You don't have a night, you don't get robbed," Kuhn said. "You have no theft, no murder."

What Is International Maritime Law?

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The purpose of maritime law is to regulate individual, international and national maritime issues. In particular, these laws protect injured seafarers and allow them to claim damages and certain benefits. We look at the different types of maritime laws, how they protect maritime workers, and where to find an outside lawyer if you've been injured on the job.

This program provides compensation to marine workers injured while working in or near navigable waters. Specific facilities covered by this rule include loading and unloading facilities, pier and deck operations, and ship repair facilities.

All workers employed as seamen, dock workers, recreational boat workers or office and shop workers are covered under this policy. However, employees who are eligible for compensation or state benefits are not covered by insurance under the law.

United States Merchant Marine

People who want to file a claim under the Longshore and Harbor Workers' Compensation Act have one year from the date of their injury, but the statute of limitations can still run after the employer fails to pay wages and benefits. However, those eligible for compensation under this law are advised to file a claim within one year, even if the employer was paying at the time of the injury.

The most common injuries covered under this policy include permanent disability, death, and loss of limb or limb. Compensation for injuries continues until the injured worker recovers and is paid weekly. Workers receive more than 66 percent of their weekly wages.

For seafarers, this particular policy provides protection against illness or injury while at work, regardless of fault or how the incident occurred. Another important aspect of this law is that injured workers, whose employer's compensation may not be sufficient, provide enough money to survive and pay off their debts. Care and treatment is a general maritime law that states that seafarers are entitled to compensation for their expenses as follows:

The Administration section of the Act provides compensation to workers injured at sea pending completion of treatment. However, this payment only applies to the necessities of daily life and not to luxuries such as internet connection or entertainment.

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The Medical Bill of Rights requires employers to pay all medical expenses related to an injured employee. These costs can range from doctor and hospital bills to prescriptions, CT scans, surgeries, transportation, doctors' appointments, and medical supplies such as medical equipment.

Although part of the Maritime Act is designed to cover seafarers' medical expenses until such time as they recover and/or return to work, some employers try not to pay, before the workers return to work.

The Death on the High Seas Act, or DOHSA, provides compensation to the families of seafarers who die on ships that are three or more nautical miles from shore. Established in 1920, DOHSA now provides compensation for loss of income and stress and trauma associated with the loss of a family member. In addition, it was amended in 2000 to include compensation for aviation accidents in which these employees were killed.

Obtaining compensation under DOHSA is a very complicated process as the amount of compensation is determined by calculating the net loss of earnings of the deceased seafarer. Vessels covered under this policy include:

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Distance from land is only one of two conditions under which a family can be covered under this policy. The death of a loved one at sea should be recognized as a crime, negligence, or the result of a crime and prosecuted accordingly. Each individual marine injury case is individual and many negligence can be to blame.

For example, an employer may not have provided proper medical training or may not have provided adequate medical care to a deceased employee. The ship may capsize or explode, killing the crew.

Unfortunately, shipping companies are trying to use DOHSA to their advantage to avoid financial responsibility for the families of deceased passengers.

The Jones Act is a federal law that provides compensation to seamen or "persons engaged or employed on a ship" for injuries sustained while on duty. It addresses issues related to cargo or people and maritime trade at the ports of both countries. It also prevents sailors from working off duty.

Types Of Law

According to the Jones Act, employers must protect their employees and provide them with medical care. This includes standards for the maintenance of vessels and safety equipment and the approval, training and qualifications of the personnel to be carried out. This law, like the law of death on the high seas, requires proof that the other party was negligent in causing these damages.

Maritime workers have three years from the date of injury to file a lawsuit. If this does not happen, their data may be deleted. Charges filed under the Jones Act range from improper use of equipment, personnel, or vessels to injury and wrongful death.

To qualify as a seaman under the Jones Act, an employee must spend at least 30% of their time on the ship they work on.

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