Maritime Lawyers and Maritime Law
Maritime law or admiralty law refers to the laws and regulations, including international agreements and treaties, governing any activities in the navigable waters or in the open sea. These laws are also designed to protect maritime workers by providing them the opportunity to obtain compensation for injuries suffered offshore or in the maritime industry. Federal courts have jurisdiction over United States maritime law.
Maritime law includes the Jones Act, the Longshore and Harbor Workers Compensation Act, Death on the High Seas Act, and other acts and laws designed to protect the rights of the United States marine worker.
If you suffered a serious injury while working for the maritime industry,you have the right to seek compensation from your employer to protect your family and your livelihood. If a loved one died while engaged in maritime work, you also may be able to file a claim.
An experienced maritime law attorney can help you understand the differences among the federal acts to get you the compensation you deserve.
A Closer Look at Maritime Law
The following maritime laws form the basis of offshore and maritime injury law:
- The Jones Act. Formally known as the Merchant Marine Act of 1920, the Jones Act provides specific rights and protection to United States seamen, allowing them to bring legal actions against ship captains and ship owners, as well as against other crew members. The Jones Act does not specifically define who qualifies as a seaman. Covered workers generally include inland river workers and offshore workers who work on a jack-up rig, semi-submersible rig, barge, drill ship, tugboat, tow boat, crew boat, dredge, cargo ship, fishing vessel or other moveable vessel.
- Longshore and Harbor Workers’ Compensation Act. For those maritime workers who are not seamen, the Longshore and Harbor Workers’ Compensation Act provides a method of claiming compensation benefits. Longshore workers such as shipbuilders and repairers and harbor construction workers may be eligible for money and medical care if disabled on-the-job either while at sea or in shipyards, loading docks, or harbors. This act covers many marine occupations not covered by the Jones Act.
- Death on the High Seas Act. The Death on the High Seas Act (DOHSA) provides a recourse for the widow or dependents of a maritime worker who died due to negligence or the unseaworthiness of a vessel while traveling more than three nautical miles from shore. This act makes it easier to recover damages for future earnings when the death of a seaman happens in international waters.
- General Maritime Law. General maritime law is the common law created through the United States courts to protect seamen. The doctrine of “maintenance and cure” is included within this area of maritime law and protects any seaman who falls ill or becomes injured while employed in a marine occupation. The ship owner, regardless of fault for the injury or illness, is required to provide room and board and to “cure” the crew member injured in the service of the ship by providing medical care, free of charge, to a seaman, until the seaman has reached “maximum medical cure.” The seaman is legally entitled to receive living expenses, lost wages, and medical care.
Contact A Maritime Lawyer Today
It is important to recognize that not all maritime statutes will apply to every case. That is why you should contact an experienced maritime law attorney who knows the differences and can get you the compensation you deserve. You have only a limited time after your injury to file a claim, so you must act quickly.