What Are Some Examples of Maritime Law?

Ship out at sea. | Patrick Daniel Law
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Maritime law comes into play when you suffer serious injuries in an accident at sea or in navigable waters. Knowing what steps to take after your injury can feel overwhelming. Especially when your uncertainty is heightened because of your pain or if immediate access to medical care isn’t available.

The good news is that maritime law provides many protections for workers and passengers who are injured at sea—in some cases, greater protections than land-based claims.

The bad news is that the law can be extremely complex. Determining whether your situation falls under these laws and, if so, which ones is not simple for a layperson.

That’s where we come in. Patrick Daniel is a deeply experienced Houston maritime injury lawyer with the knowledge, resources, and Strategic. Meticulous. Merciless. approach needed to help maritime injury victims pursue compensation.

To discuss whether your claim falls under maritime law, call us today at (713) 999-6666 and schedule your FREE consultation. We work with maritime accident victims in Houston, Texas, and throughout the nation.

What Is Maritime Law in Simple Terms?

Maritime law, also known as admiralty law, is a set of laws that govern legal matters related to incidents that occur on oceans, rivers, and other navigable waters. It encompasses a variety of legal areas, including:

  • Shipping operations
  • Commerce
  • Insurance claims
  • Vessel collisions
  • Piracy
  • And more

One of the most important aspects of these laws is the protection provided to seamen, maritime workers, and vessel passengers who are injured while at sea.

Since local and state laws do not generally apply to injuries that occur at sea, admiralty law is critical for those injured on the job or due to the negligence of another. Think of it, in simple terms, as both the workers’ compensation and personal injury laws of the sea.

When Does Maritime Law Apply?

For an injury claim to fall under admiralty law, a couple of things must be true:

  • The accident must have occurred on or adjacent to navigable waters: This principally covers maritime workers on ships, but it can also cover those who are performing maritime-related activities on land, such as dockworkers or ship repair workers.
  • For work-related claims, the injury must have occurred while the worker was performing their duties: For example, the injury may have occurred during cargo transport, offshore drilling, or fishing operations.

In some situations, state law and maritime law overlap. This can make determining whether or not you have a viable maritime claim a complex process.

Ultimately, several laws make up admiralty law, each with its own rules and criteria. Working with a deeply experienced maritime injury attorney is often the best way to determine whether the law applies to your claim.

Read More: What Does Maritime Law Cover?

What Are Some Common Examples of Maritime Law?

To determine what compensation you may be eligible for, the first step is knowing which part of the law your claim falls under.

Here are some of the most common examples of admiralty law:

The Jones Act

Part of the Merchant Marine Act, the Jones Act lays out protections for maritime employees, technically designated as “seamen.” It requires owners of vessels to maintain safe, seaworthy vessels for workers. When they fail to do so, workers may be able to pursue compensation to cover damages.

Read More: The Jones Act: Understanding the Purpose of Maritime Law

Maintenance and Cure

Even if an employer or ship owner was not negligent in their duty to maintain a safe, seaworthy vessel, if a seaman is injured on the job, they are still eligible for maintenance and cure benefits, which are provided on a no-fault basis.

These benefits cover medical costs and payments for day-to-day expenses while a worker recovers. While these benefits are useful, they are limited in scope, so you should always consider whether you may also be able to pursue additional compensation under the Jones Act.

The Longshore and Harbor Workers’ Compensation Act (LHWCA)

The LHWCA provides protections for maritime workers who are not at sea but work in maritime-related areas, including longshore workers, shipbuilders, and others who work on docks, piers, shipyards, and other maritime locations. Workers who qualify for LHWCA benefits can receive payments for medical expenses, rehabilitation services, disability, and more.

Passenger Accidents

Passenger injuries can also be covered under maritime common law in specific situations. Boat owners, manufacturers, rental companies, and other parties could be held liable for damages if their negligence directly resulted in a passenger’s injuries and damages.

Death on the High Seas Act (DOHSA)

If a maritime worker or passenger is killed in an accident at sea, surviving family members may be eligible for economic damages under the DOHSA.

Unfortunately, determining eligibility under any of these laws can be daunting for anyone not deeply familiar with the intricacies of maritime law. Nevertheless, it is crucial to pursue every possible avenue to ensure you recover the compensation you need and deserve.

How Can a Maritime Injury Attorney Help?

An experienced maritime injury lawyer can take the legal burden off injured accident victims’ shoulders.

Some of the key ways we can do this include:

  • Determining eligibility for compensation and/or benefits under maritime law
  • Conducting a thorough investigation to gather evidence, interview witnesses, and build your case
  • Negotiating with insurance companies to reach a fair settlement
  • Representing you in a court of law, if necessary

It’s important to keep in mind, however, that you should not work with just any attorney to handle your maritime law case. Even the best personal injury and workers’ compensation lawyers may not have the knowledge and experience in admiralty law specifically to be able to represent you effectively.

Contact Patrick Daniel Law Today!

Trying to understand maritime law and how it may apply to your injuries can be a frustrating, confusing process. You don’t have to face it alone. At Patrick Daniel Law, we have vast experience handling these cases, and we’re here to help you through your situation by providing the guidance and representation you need.

Our mission is simple: to help maritime injury victims receive the compensation they need and deserve. Contact our maritime injury lawyer today for a FREE consultation.

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