If you have suffered a workplace injury, your medical bills and lost wages can really start to add up. For most workers, filing a workers’ compensation claim can help alleviate some of these financial burdens. However, things get a little more complicated if you work on a ship or in a port.
Maritime law, or admiralty law, governs nautical matters, such as shipbuilders, shipping businesses, and other actions that happen on navigable waterways. When a dispute arises related to one of these businesses, maritime law likely applies.
Keep reading below to learn more about maritime law.
When Does Maritime Law Apply?
If you work in a shipyard, on a ship, or in a harbor, maritime law likely applies to you. This practice area addresses disputes and governs transactions that occur in these locations.
Some situations that may be covered by maritime law include:
- Licensing and registration process for U.S. ships and vessels
- Deaths or injuries that happen at sea
- Workplace injury compensation for seamen
- Cargo and passengers moving through U.S. ports
- Ship owner negligence on the open sea, including cruise lines
While injury law usually varies from state to state, maritime law is generally codified at the federal level. Much of maritime law is based on various customs and rules that are hundreds of years old, but most of the rules are included in federal statutes today. Some of those statutes are:
- Death on the High Seas Act (DOHSA): This law allows relatives of workers who die at sea to sue the deceased’s employer for funeral and burial expenses. Families may also be allowed to recover non-economic damages, such as loss of financial support and loss of love and companionship.
- Merchant Marine Act of 1920: Sometimes called the Jones Act, this law regulates commerce in U.S. waters between U.S. ports and allows seamen to sue negligent ship owners for their injuries.
- The Longshore and Harbor Workers’ Compensation Act (LHWCA): There are many individuals who work in the maritime industry who are not sailors. This law allows these individuals, such as port or harbor workers, to recover compensation for their injuries.
Understanding all these maritime laws and how they apply to your situation can be crucial to getting the help and compensation you need.
For a legal consultation call (713) 500-5000
What Is the Law of the Sea?
Maritime law applies in navigable waters in the United States — typically within 12 to 20 nautical miles of the coastline. When a ship is in open water beyond this range, it may be subject to the Law of the Sea.
It is well established that no one “owns” the ocean. However, there are certain rules and regulations that govern how countries interact with each other on the sea or in other maritime circumstances. These rules were made official by the United Nations in 1994. Today, they are referred to as the Law of the Sea.
What Law Applies to My Injury Case?
If you are a regular, land-based worker, the normal rules of negligence or workers’ compensation will likely apply. However, maritime workers who are injured will likely be covered by the Jones Act or other rules that govern these types of injuries.
Generally, maritime laws seek to avoid injuries and provide protection by:
- Ensuring access to legal counsel
- Requiring adequate training
- Implementing proper safety rules
- Ensuring vessels are seaworthy
The best way to understand which law applies to your case is by seeking help from an experienced personal injury lawyer.
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Contact a Houston Personal Injury Lawyer to Help You With Your Claim
For more information, contact the Houston personal injury law firm of Attorney Brian White Personal Injury Lawyers by calling (713) 500-5000.
Attorney Brian White Personal Injury Lawyers – Houston
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Houston, TX 77098
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Houston, TX 77079
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Burnet, TX 78611
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Houston, TX 77058
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The Woodlands, TX 77380
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