Maritime worker on ship. | Patrick Daniel Law

What Is the Statute of Limitations for Maritime Claims?

Generally, maritime accident victims have 3 years from the date of injury to file a maritime claim. This is a uniform rule applied across all federal and state courts.

Three years is also the amount of time you have to pursue compensation under the Jones Act, which is often compared to workers’ compensation.

There are, however, some exceptions that can apply to the 3-year time limit, including:

If you discover an injury later (for example, you developed an illness from exposure to a dangerous substance), then the 3-year time limit may not start until you discovered the injury (or should have discovered it).
If your claim falls under the Longshore and Harbor Workers’ Compensation Act (LHWCA), you generally have just 1 year to file a claim, and you must notify your employer within 30 days of the accident.
If your claim involves a U.S. government-contracted vessel, it may fall under the Public Vessels Act (PVA), in which case you only have 18 months to file a claim.

Unfortunately, the only way we can give a clear answer to the question of how much time you have is to review and discuss the details of your claim. We’ll determine which laws it falls under and whether or not any exceptions apply.

What Laws Protect Injured Maritime Workers?

There are several laws and protections that can apply to individual cases. However, it is critical to know which laws govern your specific claim.

Some of the most critical protections for maritime workers include:

Jones Act (Merchant Marine Act of 1920)

The Jones Act gives seamen the right to pursue compensation from employers for negligence, establishing the duty employers owe to keep their vessels safe and seaworthy. If your claim falls under the Jones Act, you are able to recover compensation for maintenance and cure. This means all of your basic living expenses and medical care are covered until you reach maximum medical improvement. You do not need to prove negligence to recover this compensation.

Longshore and Harbor Workers’ Compensation Act (LHWCA)

If you are not technically a “seaman,” which is loosely defined as someone engaged or employed in any capacity on board a vessel, the LHWCA provides an alternate means of recovering compensation. This applies to workers such as longshoremen, shipbuilders, and dock workers. Compensation can include medical care, rehab, disability benefits, and survivor benefits, all without having to file a maritime injury lawsuit.

Unseaworthiness Doctrine

If the owner of a ship allows it to be sailed when it or its equipment is defective, then they may be held liable for damages. This is a separate unseaworthiness claim beyond the Jones Act and may provide an important alternative or addition to other methods of recovering compensation.

Death on the High Seas Act (DOHSA)

DOHSA provides surviving family members a means of recovering compensation if a loved one died on the high seas or in international waters. Compensation for a DOHSA claim can include lost income, loss of support, and more. However, to recover compensation, the surviving family must be able to prove negligence.

In some cases, more than one of these protections may apply. Choosing the right path early on preserves your rights and maximizes recovery.

What Happens If I Miss the Deadline?

Generally speaking, missing a deadline means your maritime injury lawsuit or claim will be dismissed outright. Exceptions are rarely made in maritime claims. Even exceptions that are sometimes made under personal injury claims, such as tolling exceptions for minors, do not generally apply under the Uniform Statute of Limitations for Maritime Torts.

One exception is late discovery, meaning the illness or injury was not identified until a later date, although such cases are infrequent.

Further, for LHWCA claims, missing the 30-day deadline can result in a forfeiture of rights.

Why You Shouldn’t Wait To Call a Maritime Lawyer

The most obvious reason not to delay calling a lawyer is that you may inadvertently miss a deadline.

However, beyond the statutes of limitations that apply to these claims, there are several other reasons it is best to begin working with a maritime lawyer as soon as possible:

With time, evidence can disappear quickly, witnesses can be harder to track down, and accident scenes become harder to reconstruct.
Employers and their insurers will act fast, doing whatever they can to limit their liability and your claim.
Due to the complexity of maritime claims, it can take time to determine the best ways of preserving your rights.

In short, the sooner we can begin investigating and building your claim, the better positioned we will be to help you pursue the compensation you need and deserve for your damages.

Contact Patrick Daniel Law for a FREE Consultation

Facing the aftermath of a maritime accident can be very difficult, especially when you are up against an employer and an insurer who may not have your best interests in mind. You deserve a maritime accident lawyer by your side who is able to level the playing field and give you the best chance possible to obtain justice.

At Patrick Daniel Law, our vast experience, combined with our driven mindset, allows us to provide our clients with an aggressive, results-focused approach. If you’re ready to move forward with confidence, contact our Houston maritime injury lawyer today to discuss your potential maritime injury lawsuit.

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