Maritime accidents can cause severe injuries and wrongful deaths to workers. Sustaining an injury at work could result in severe injuries and significant financial losses. Determining your legal options for recovering compensation for a maritime injury can be confusing. The laws governing maritime accidents and injuries are complex.
Fortunately, you do not have to handle a maritime injury claim alone. If you are injured on or near navigable waters, a lawyer experienced in the area can help you.
Maritime Law vs. Law of the Sea
Maritime law and the law of the sea deal with legal matters that involve activities on navigable waters. However, there are significant differences.
Maritime law only applies to cases involving our country’s navigable waters and domestic ports. The UNCLOS governs cases in a country’s respective waters for countries that ratified the UNCLOS. The UNCLOS would not apply to cases filed in state or federal courts in the United States.
Overview of Maritime Law
Maritime law is the area of law that governs shipping and other activities on navigable waters. It is also known as admiralty law. This group of laws governs a wide range of issues related to navigation and shipping, including:
- Transporting cargo and passengers through U.S. ports
- Deaths and injuries that occur at sea
- Negligence by operators and ship owners on the open ocean
- Registration and licensing of U.S. vessels and ships
- Healthcare and injury compensation for longshoremen, seamen, and other workers injured on or near navigable waters
Numerous maritime laws exist to protect maritime workers who are injured on the job. For example, the Merchant Marine Act of 1920, known as the Jones Act, provides injured seamen with a cause of action if they are injured on offshore oil rigs or other vessels. The Longshore and Harbor Workers’ Compensation Act provides workers in the maritime industry who do not qualify as seamen with compensation for work injuries.
The Death on the High Seas Act provides a cause of action for a worker’s family to sue an employer for damages if a worker dies more than three nautical miles from shore. The Outer Continental Shelf Lands Act can impact some maritime injury claims for workers in specific offshore areas.
Overview of the Law of the Sea
Open waters pose significant challenges for countries when they interact on the open seas. Many rules and customs have governed how countries interact when at sea. The United Nations Convention on the Law of the Sea (UNCLOS) codified the traditions and rules. The Law of the Sea serves as international law that governs the ownership of national resources, who has jurisdiction over coastal waters, and navigational rights through territorial waters.
The United States did not agree to participate in the UNCLOS. This detail could impact a maritime injury case if a party to your claim is in another country. An experienced maritime injury lawyer can assess the law to determine how it could impact your injury claim.
Filing a Maritime Injury Claim for Work-Related Injuries in the United States
Two primary maritime laws that govern workers’ injuries on or near navigable waters are the Jones Act and the Longshore Act.
The Jones Act (The Merchant Marine Act of 1920)
The Jones Act applies to seamen who are injured on the job. It is not workers’ compensation. Instead, the Jones Act allows seamen to file a negligence claim against their employers and other parties. Because the Jones Act is maritime law and not workers’ compensation, a seaman must prove the legal elements of negligence to recover compensation.
The Jones Act provides maintenance and cure benefits. Cure benefits pay for the seaman’s medical expenses. Maintenance benefits compensate the seaman for their living expenses while they are out of work. If the seaman proves negligence, it is possible to recover additional compensation under the Jones Act for pain and suffering. Family members can file claims under the Jones Act if their loved one dies from injuries or illnesses sustained at work.
A seaman is generally defined as a maritime worker who works on a vessel on navigable waters for at least 30% of their work time. If a maritime worker does not meet this requirement, they may be able to file a claim under the Longshore Act.
The Longshore and Harbor Workers’ Compensation Act
The Longshore Act is more like workers’ compensation than general negligence law. It covers maritime workers who do not qualify as seamen under the Jones Act. Examples of workers who may qualify for compensation include, but are not limited to:
- Harbor workers
- Stevedores
- Harbor construction workers
- Shipbuilders
- Longshore workers
- Harbor railway workers
- Ship repair workers
To qualify for compensation under the Longshore Act, a maritime worker must show they were injured on the job while working at shipyards, loading docks, repair facilities, or other areas adjoining navigable waters or on navigable waters.
A maritime worker can receive payment for medical expenses, disability benefits, and rehabilitation services. The Longshore Act does not compensate workers for pain and suffering damages. Family members may receive wrongful death benefits under the Longshore Act.
How Do I Know Which Maritime Laws Apply if I’m Injured in a Maritime Accident?
Maritime workers can seek advice from an experienced Texas maritime lawyer. An attorney can review the circumstances of the worker’s accident to determine which Houston maritime laws apply. A maritime worker should immediately report their injury or accident to a supervisor or captain. They need to see a doctor as soon as possible to document injuries. It would also be helpful if the worker could take pictures of the accident scene and ask witnesses for their information. This evidence can be extremely helpful when filing a maritime injury claim.
Contact the Undefeated Maritime Accident Attorneys from Zehl & Associates Injury & Accident Lawyers for Help Today, Call 1-888-603-3636
For more information, please contact our undefeated maritime accident attorneys in Texas at Zehl & Associates Injury & Accident Lawyers to schedule a free consultation today.
We proudly serve Harris County, Midland County, and throughout the state of Texas. We are located in Houston and Midland and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
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Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
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