Maritime law, or admiralty law, governs legal issues on navigable waters, such as oceans, seas, and major rivers. If your injury or dispute occurred in connection with maritime activities, this body of law likely governs your case.
Understanding when maritime law applies can determine how you approach your claim and how a maritime injury lawyer can help you receive compensation for injuries or damages. The following is a look at how maritime law affects your rights and what steps you can take to protect your best interests.
Maritime law governs disputes, injuries, and crimes on navigable waters. These laws apply to various situations, from personal injuries to commercial contracts, and they provide unique protections for those working or traveling on the water. For example, maritime law has provisions that protect seamen from unsafe working conditions, offer compensation for injuries, and even outline responsibilities for shipowners.
Knowing whether maritime law applies to your case is essential. The rules differ significantly from state or federal laws that apply to land-based cases. In many situations, you can access unique legal protections under maritime law that you wouldn’t have in other types of injury claims. A maritime injury lawyer will know the laws and can obtain the compensation you deserve.
The first question to ask is whether your case falls under maritime jurisdiction. Again, maritime law applies if the incident occurred on navigable waters. However, it can also apply if an activity is closely tied to maritime commerce. Here’s a quick look at two questions determining if maritime law applies to your case.
Maritime law applies to accidents or disputes on “navigable waters.” These waters include oceans, seas, large rivers, and lakes that connect to interstate or international commerce. If you suffered an injury while working on a boat, oil rig, or even in a harbor, maritime law likely governs your case. If the body of water doesn’t fall under maritime jurisdiction, your case may fall under state law instead.
Maritime law covers activities connected to traditional maritime roles, such as sailing, fishing, shipping, and oil drilling. It also applies to those engaged in commercial activities such as loading or unloading ships or ship maintenance. You may have maritime law protection if your case involves any of these roles.
Even recreational boaters or passengers can come under maritime law if their accident happened in navigable waters. So, whether you’re a crew member injured in an accident or a vacationer who slipped and fell on a cruise ship, you might be dealing with a maritime law case. It’s always best to contact a maritime injury attorney to help you understand your rights.
One of the most significant advantages of maritime law is its focus on protecting individuals working in maritime environments, particularly seamen and harbor workers. Maritime law accounts for the inherent risks of working on or near water, offering protections that don’t exist in other industries.
Seamen, defined as those who spend a significant portion of their working hours aboard a vessel, benefit from specific maritime protections. Under the Jones Act, a major component of maritime law, seamen injured while working can file claims against their employer for compensation if the injury was caused by negligence or unseaworthiness of the vessel.
The Longshore and Harbor Workers’ Compensation Act often governs injuries to longshoremen, dockworkers, and harbor laborers. This law provides compensation for medical care, lost income, and rehabilitation for workers injured in maritime settings but not classified as seamen. It applies to those who work near water, like those responsible for loading or unloading ships.
Maritime law might govern your claim if you suffered an injury as a passenger on a ship, ferry, or recreational boat. Maritime law holds vessel owners to a standard of care, meaning they must ensure their ships are safe for passengers. If you’ve suffered an injury because of a vessel’s unsafe conditions or the crew’s actions, you can file a claim under maritime law. It’s always best to speak with a maritime injury attorney before accepting any offers for compensation.
Understanding the types of accidents and injuries covered by maritime law is important when determining how to proceed with your claim. Here are some of the most common incidents where maritime law applies:
A slip and fall on a wet deck is one of the most common maritime injuries. Decks can become dangerously slippery due to water, oil, or other substances, and a failure to maintain safe conditions can lead to serious injuries. Maritime law may hold the shipowner accountable if unsafe deck conditions hurt you.
Working on a vessel often involves dealing with heavy machinery. If a machine malfunctions or isn’t properly maintained, it can cause devastating injuries. Maritime law frequently covers these injuries, particularly if negligence was involved in the machine’s maintenance or operation.
While drowning is an obvious maritime risk, even near drowning can have severe long-term health consequences. If the incident was caused by the failure of the crew to maintain safety equipment or monitor conditions, maritime law allows victims or their families to pursue compensation.
On many vessels, crew members work with or around hazardous materials. Burns or chemical exposure can occur in an instant if safety protocols aren’t followed. Maritime law provides avenues for compensation if negligence or unsafe conditions were involved in your injury.
Collisions are another common cause of maritime law cases. Whether due to human error or equipment failure, ship collisions can cause significant injuries to the crew, passengers, or other workers nearby. Maritime law sets forth who is responsible in these situations and provides a way for victims to recover damages.
The Jones Act provides a specific path to compensation for those injured while working as a seaman. Unlike traditional workers’ compensation claims, the Jones Act allows you to sue your employer if their negligence caused your injury. Here’s what you need to know:
Under the Jones Act, a seaman must prove that their injury resulted from the employer’s negligence. This negligence can involve unsafe working conditions, improper training, or inadequate safety equipment. The bar for proving negligence under the Jones Act is lower than in many other cases, meaning that even a small amount of employer fault can result in compensation.
If a vessel is considered “unseaworthy,” meaning it isn’t fit for its tasks or unsafe for the crew, its owner can be liable for injuries. This applies to everything from the ship’s structure to the onboard equipment. Maritime law entitles you to seek compensation if unseaworthiness contributed to your injury.
One of the unique aspects of maritime law is the concept of “maintenance and cure.” If you’re a seaman injured on the job, your employer must provide maintenance and cure benefits. But what does this mean?
Maintenance is a daily allowance paid to an injured seaman to cover their living expenses while recovering. These expenses typically include housing, food, and other necessary expenses until you can return to work or reach maximum medical improvement.
Cure refers to the medical expenses related to your injury. Your employer must pay for your medical treatment until you either fully recover or reach a point where further improvement is unlikely. This obligation extends even if the injury was not caused by employer negligence.
If you’re denied maintenance and cure, or your employer delays these payments, maritime law allows you to seek compensation. This obligation is separate from any claim you might have under the Jones Act or other maritime statutes. An experienced maritime injury attorney will know how to tackle the claim so you receive the compensation you deserve.
How does maritime law differ from the laws that apply to injuries or accidents on land? Several key differences can affect your case and how you seek compensation.
In most land-based injury cases, the time you have to file a lawsuit is limited, usually to two or three years. Maritime law often extends these deadlines, depending on the circumstances of your case.
For instance, the Jones Act allows seamen three years to file a claim for injuries sustained while working on a vessel. Similarly, claims under the Death on the High Seas Act have their own specific timeframes, which can differ from typical land-based statutes of limitations. This extra time can provide more flexibility in building a case, but acting promptly to preserve your rights is still essential.
Maritime law holds vessel owners to a higher responsibility standard than land-based employers or property owners. Vessel owners must ensure that their ships are seaworthy, which means they are safe and properly equipped for their intended use.
This responsibility also extends to ensuring that the crew is adequately trained and that necessary safety protocols are in place. If vessel owners fail to meet these obligations, they can be held liable for any resulting injuries or deaths. Maritime law places more accountability on vessel owners, giving you additional avenues for pursuing compensation when negligence or unsafe conditions are involved.
One of the most significant differences between maritime and land-based law is how compensation is structured. Unlike traditional workers’ compensation cases, which often limit what you can recover, maritime law opens the door to more comprehensive compensation.
Under maritime law, you can seek medical expenses, lost income, compensation for pain and suffering, lost future earnings, and more. In many cases, the amounts awarded under maritime law can be considerably higher than those in land-based injury cases, providing more substantial financial relief for injured workers or their families.
The more time that passes, the harder it becomes to gather the evidence you need, secure witness statements, and build a solid case. Delays can allow the responsible parties to cover their tracks or argue that your injuries weren’t as severe as you claim. Don’t let time work against you. These are some reasons why waiting too long can damage your case.
In maritime cases, evidence often gets lost or altered quickly. Conditions at sea can change rapidly, and physical evidence like equipment, safety logs, or photographs of the scene may be harder to obtain as time goes on. Important details can be lost if you don’t act quickly, weakening your case. The faster you begin your claim, the more likely you will preserve the evidence necessary to prove your injury and its circumstances.
Maritime crews are frequently in transit, moving between jobs, ports, and ships. If you wait too long, key witnesses may leave the area, making it difficult to contact them. Their memories of the event can fade, and getting a reliable statement might become impossible. By acting swiftly, you increase the chance of obtaining credible testimony that supports your claim.
Maritime law provides unique protections and benefits, but you’ve got to be proactive. You must take steps to preserve your rights from the moment you suspect negligence played a role in your injury. Quick action allows you to collect the documents, records, and other materials needed to support your compensation claim. Maritime cases are won or lost based on the quality of evidence and the speed at which it’s gathered.
The longer you wait to pursue your claim, the more challenging it can be to hold the responsible parties accountable. Maritime cases have strict deadlines, and failing to act within those time frames can bar you from recovering damages. Sometimes, you might not even know the full extent of your injuries until later, making it all the more important to start your claim as soon as possible.
By knowing the circumstances where maritime law applies, the compensation available, and the legal structures that govern your case, you can confidently move forward with your claim. A maritime injury attorney can guide you through the process, ensuring that you receive the compensation and protection you’re entitled to under the law. Don’t delay, seek help today.
