If you work on the water—whether as a longshoreman, an oil rig engineer, or a cruise ship employee—you may run into a problem at some point. It could be a work-related injury or some kind of dispute.
In this case, you may need a maritime lawyer. The laws that govern maritime commerce and other activities are complex, so it’s important to consult with an experienced maritime attorney for help.
You are viewing: Where Maritime Laws Apply
One of the most common questions we get from maritime workers is whether maritime law applies on land. Keep reading for answers.
What Is Maritime Law?
Also known as admiralty law, maritime law deals with legal issues related to the ocean, seas, and navigable bodies of water in the United States, such as rivers and lakes.
The history of maritime law goes back many centuries, as seagoing peoples needed to be able to resolve disputes. Modern maritime law covers a broad range of issues—from how maritime businesses are allowed to operate to what responsibilities a shipowner has to its workers and passengers.
Does Maritime Law Apply on Land?
While maritime law covers issues that happen at sea, it also covers land-based commercial activities that are maritime in character.
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For example, the Longshore and Harbor Workers’ Compensation Act provides federal compensation protection for those who work in harbors, ports, and shipyards.
Maritime law also applies to marine insurance, which protects against things like cargo losses and damage to ships and cargo vessels.
What Does Maritime Law Cover?
Maritime law is very broad, covering many issues and activities. It frequently addresses work-related injuries and deaths, but it also covers non-injury related issues—from loan defaults and mortgage disputes to property lost at sea.
Here are a few of the most common issues addressed under maritime law in the United States:
Maintenance and Cure
Working with heavy machinery and equipment on a moving vessel comes with inherent risks and dangers. Even with the best safety measures in place, worker injuries are common.
Maintenance and Cure provide relief to injured seamen. Maintenance provides workers with funds to survive on while they recover (usually $15-$30 per day). Cure provides payment for reasonable medical expenses.
Maintenance and Cure benefits apply to both land-based and at-sea injuries or illnesses—as long as the worker was in the service of the vessel at the time.
Maintenance and Cure benefits are paid out in addition to what a person can recover for negligence or unseaworthiness through Jones Act claims. Workers who are forced to sue their employer to collect maintenance and cure benefits may also be able to recover legal fees and, in some cases, punitive damages.
The Jones Act
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This law provides remedies to seamen who are injured due to their employer’s or co-worker’s negligence.
Some examples of possible Jones Act claims include situations where an employer fails to provide a safe place to work or live, fails to provide adequate medical care, or fails to rescue or search for a seaman who falls overboard.
Death On the High Seas Act (DOHSA)
When a seaman dies because of an employer’s negligence or because of an unseaworthy vessel, the worker’s family may file for benefits under the Death On the High Seas Act (DOHSA). A DOHSA suit must be filed within three years from the date of the seaman’s death.
Longshore and Harbor Workers’ Compensation Act
This law provides federal compensation protection to harbor, port, and shipyard workers who are injured, regardless of who is at fault.
All employees of harbors, ports, shipyards, and similar environments are protected under this act—even clerical workers and janitors. An experienced maritime attorney can help you understand the specifics of this maritime law and whether you may have a claim.
Why Hire a Maritime Lawyer?
Maritime law is a highly specialized field. Only an experienced maritime lawyer has the knowledge and experience required to ensure your case is handled properly.
Whether you were injured on a cruise or lost a loved one who was working out at sea, you may have a maritime case. Find out for sure by contacting our experienced maritime attorneys at 800-836-5830.
Source: https://t-tees.com
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