Demystifying Maritime Law For Personal Injury Victims

Today’s topic: maritime law personal injury!

Every year, thousands of workers are injured on vessels, oil rigs, and docks across the United States.

For these workers and their families, the aftermath of an accident is often made more confusing by a legal system that operates very differently from the personal injury claims most people are familiar with.

Maritime law, sometimes called admiralty law, is a distinct body of federal law that governs injuries, accidents, and disputes that occur on navigable waters.

Understanding how it works is essential for anyone who has been hurt while working offshore or on the water.

Maritime Law Personal Injury: What Is Maritime Law?

Maritime law is an exclusive segment of federal law that deals with accidents, injuries, and legal disputes on or near the water.

Such waters include:

• Oceans,
• Rivers,
• Harbors,

Additionally, it also includes any other bodies of water that are used for commerce and transportation.

Maritime cases, as opposed to regular personal maritime law personal injury claims, come under the federal jurisdiction and have their own set of rules, statutes, and legal precedents.

The roots of maritime law go back hundreds of years and are tied to international trade as well as to the specific hazards of working at sea.

In the United States, these laws have been refined through federal statutes and court decisions to meet the particular requirements of maritime workers, passengers, and vessel operators.

The main point of differentiation is that maritime law is a distinct legal system because the risks and the nature of the work on the water are quite different from those on land.

Key Federal Statutes That Protect Maritime Workers

Several major federal laws are the basis for maritime law personal injury claims made in maritime settings. Each law is meant for different categories of workers and scenarios, thus pinpointing the one that fits your case will be a crucial step.

The Jones Act

At the top of the list, we have the Jones Act. It is a law that proscribes seamen employees who spend a major part of their work time on vessels in navigation, the right to bring negligence suits against their employers.

In contrast to workers’ compensation, the Jones Act is all about establishing employer negligence.

However, it furthermore gives permission to claim different types of damages like pain and suffering, lost future earnings, medical costs, etc.

The Longshore and Harbor Workers’ Compensation Act (LHWCA)

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a law that covers all maritime workers except seamen.

This is a law that gives medical benefits and income compensation to injured workers without the need to prove employer fault, thus it is similar to state workers’ compensation programs, but on a federal level.

The Death on the High Seas Act (DOHSA)

Thirdly, DOHSA helps bereaved families of workers who have died during accidents happening beyond the US territorial waters (more than three nautical miles away from the United States coast).

It permits surviving relatives to claim compensation for the financial losses they have suffered as a result of the death of the breadwinner.

General Maritime Law

Last but not least, there is the General Maritime Law. This is an extensive set of common law that was created by judges to cover the areas that are not addressed by specific statutes.

The essence of this law is the principle of maintenance and cure, which orders ship owners to provide injured seamen with basic living necessities and medical attendance until they achieve maximum medical recovery, irrespective of who caused the maritime law personal injury.

How Maritime Law Personal Injury Claims Differ From Standard Personal Injury Cases

If you have ever been involved in a car accident or a slip and fall on land, you may have some familiarity with how maritime law personal injury  claims work under state law.

Maritime injury claims share some similarities, but there are important differences that can significantly affect the outcome of a case.

First, the question of which law applies depends on where the injury took place. Additionally, it also depends on what the person’s job classification is.

A deckhand injured on a fishing vessel in the Gulf of Mexico would likely file a Jones Act claim, while a dock worker injured at a port facility in New Orleans would fall under the LHWCA.

Getting this classification wrong can derail a claim before it even gets started.

Second, the concept of maintenance and cure is unique to maritime law. A seaman injured on the job deserves two kinds of damages:

• Maintenance: a daily stipend for living expenses.
• Cure: Payment of medical bills.

They will get this until they have recovered as fully as medically possible.

This obligation exists regardless of fault, meaning even if the seaman’s own actions contributed to the maritime law personal injury, the vessel owner must still provide these benefits.

Employers who unreasonably refuse or delay maintenance and cure payments can face additional penalties.

Third, the damages available in maritime cases can differ from those in state court. Under the Jones Act, injured workers can recover compensation for past and future medical expenses, lost wages, diminished earning capacity, pain and suffering, and mental anguish. 

However, under the LHWCA, there are ceratin limiattion on the recovery. You can only recover medical costs and a portion of lost wages.

Common Causes Of Maritime Injuries

Working on the water is inherently dangerous, and maritime injuries can result from a wide range of conditions and circumstances. Some of the most common causes include:

• Slippery or poorly maintained deck surfaces.
• Defective or malfunctioning equipment and machinery.
• Inadequate safety training or failure to enforce safety protocols.
• Crane and rigging accidents during loading and unloading operations.
• Fires, explosions, or chemical exposure on vessels or offshore platforms.
• Falls overboard or between vessels and dock structures.
• Collisions between vessels or with fixed structures.

In many of these situations, the employer or vessel owner had a responsibility to maintain safe working conditions and failed to do so.

An offshore injury attorney can investigate the circumstances of an accident and determine which parties may be held liable for the injuries sustained.

What To Do After A Maritime Injury

If you face maritime law personal injury during work on the water or at a maritime facility, it is crucial to know how to act right away. This is because it might save your health and keep your legal rights intact.

Here are some of the things that you need to do:

Seek Medical Attention

The first thing to do is to get medical care, no matter if at first your injuries appear to be slight.

It is a fact that several types of maritime injuries do not show symptoms immediately after the incident. These include:

• Brain injury.
• Spine injury.
• Internal damages.

However, the condition of the patient may deteriorate substantially if left untreated over a period of time.

Report Your Injury

Besides, you need to inform your employer or supervisor about your maritime law personal injury. Do this as soon as you can and before the end of the workday. It is not only a good practice but also a legal requirement under the federal maritime law. 

That is  the reason why a late notice may cause complications in your claim. Besides, make certain that the injury report is in writing.

Document Everything

Try to preserve as much evidence as you possibly can. For example, use the phone to take shots of the accident location, your scars, and the objects involved.

Jot down the names and addresses of witnesses. Also, keep medical records, treatment plans, and bills related to your care safe and accessible.

Avoid Giving A Statement

Finally, without the advice of a maritime personal injury lawyer, do not sign any paperwork. You should also avoid giving a tape-recorded version of your words to the employer’s insurance company.

It is quite common for insurance adjusters to try to downplay the claim. They might even turn the statements of the claimant into inconsistencies.

Why Legal Representation Matters In Maritime Cases

One of the most complicated fields of the legal system is maritime law. Additionally, the risks of workers facing an injury are very high.

Employers and their insurance companies usually have lawyers who are experts in the law working to limit their liability.

Besides, it takes a lot of specialized knowledge just to figure out the complex relationship between federal legislation, maritime law, and state rules.

If you have a lawyer who is familiar with handling maritime lawsuits, they can assist you in the following ways:

• Figuring out which laws are applicable to your case.
• Work out the total amount of your damages.
• Negotiate with the insurance companies.
• Take the case to court if necessary.

Lots of maritime injury attorneys will operate on a contingency fee basis. Therefore, you only have to worry about the costs if they manage to get you money.

If you or someone close to you has been hurt while working at sea, then learning about your rights under maritime law is important. It helps you move toward your recovery.