Being injured on the job is traumatic, and figuring out how to seek financial compensation for lost wages, medical bills, and other damages can be challenging to navigate.
While land-based employees may be able to file a workers’ compensation claim, the rules for maritime employees are different. Instead of being under the purview of state and federal law, workers in the maritime industry who are classified as “seamen” must pursue compensation through other channels.
Keep reading to learn more about maritime injury laws and how to move forward with a maritime injury claim.
What Is Maritime Law?
Also referred to as admiralty law, maritime law is a body of law designed to resolve disputes on navigable waters. Due to the nature of vessels being located across the globe, it isn’t always possible for the U.S. government to act as an enforcement body. Therefore, maritime law is designed to promote justice and order by piecing together a series of domestic laws and international agreements.
Maritime law is broad in scope, and can cover an array of issues, including:
- Shipping
- Navigation
- Waters
- Commerce
- Towage
- Wharves
- Piers
- Docks
- Insurance
- Salvage rights
- Maritime liens
Having a robust maritime body of law is essential to regulate the shipping industry as a whole and keep global trade running smoothly. Essentially, this body of law is crucial in providing a legal framework to address disputes, enforce contacts, and manage liabilities, including what happens when a maritime worker is injured.
How To Prevail in a Maritime Injury Claim
If you’ve been injured on the job as a maritime worker, your attorney will need to establish that your employer, or another party like a vessel owner, was somehow negligent. The bar for negligence is set relatively low; however, sufficient evidence must be gathered to prevail in this type of claim.
The following evidence must be presented:
- You have status as a “seaman.” There are rules that distinguish a seaman from a regular worker. Typically, the defining factor is someone who spends a minimum of 30% of their paid hours on a vessel or at least servicing it. If you do not meet this threshold, your claim may fall outside of maritime law, but you still have other avenues of recourse.
- Another party acted negligently. At the heart of every injury claim is an exploration of how the other party (or parties) acted negligently. Negligence can come in many forms, including your employer not maintaining the vessel property, inadequate training was provided, or the vessel should not have been on the water for one reason or another.
- The negligence resulted in your injury. Negligence by itself is not enough to warrant a maritime injury claim. To succeed in an injury claim, you must also be able to prove that the negligence led to your injury. An injury can include a single incident, a repetitive stress injury, or an illness acquired from your working environment.
Understanding Maritime Workers’ Rights
Because of the complexity of navigating a vessel across the globe or in other countries’ territories, different maritime injury laws may apply to a specific injury, including a worker or passenger cruise ship injury.
In general, one of two laws may apply to your case.
- Jones Act: The Jones Act (also referred to as the Marchant Marine Act of 1920) is a multipurpose law designed to ensure the viability of the maritime industry. The Act also contains a provision that gives injured maritime workers recourse to recover compensation for job-related injuries, specifically in the area of maritime negligence.
Compensation available under the Jones Act may include lost wages, medical expenses, and pain and suffering. In addition to being able to seek compensation, the Act protects the right to a trial by jury. - Longshore and Harbor Workers’ Compensation Act: In the event that a worker doesn’t meet the qualifications to be classified as a seaman, the Longshore and Harbor Workers’ Compensation Act (or LHWCA for short) may apply instead.
While similar benefits are available, this law is a federal one that applies to longshoremen as well as harbor workers and maritime workers who don’t meet the criteria of the “seamen” label according to maritime injury laws.
There is a separate act that deals with the fatalities of maritime workers, referred to as the Death on the High Seas Act. It applies specifically to wrongful death claims.
Contact an Experienced Maritime Attorney
At Tobias & Comer Law, our experienced legal team provides compassionate help for those who are injured. Call us at (251) 432-5001 for a free consultation.