When Do I Need a Maritime Lawyer?

Recreational boating accidents. Cruise ship employees injured on the job. These sound like cases for a regular personal injury attorney, don’t they? After all, they both involve injuries and personal injury attorneys handle workplace injury cases all the time, right? Although many personal injury lawyers will often take cases about boating accidents and workplace injuries, if you ever find yourself in a situation involving being injured on a boat or on the water, you may want to make a maritime lawyer your first phone call rather than a regular personal injury attorney. The Admiralty Law Guide has many examples of recent cases that fall under maritime law. One of them might be like yours!

Maritime law, also referred to as Admiralty law, applies to all navigable bodies of water usable for interstate or international commerce. This is an extremely complex area of the law. Under maritime law, U.S. Federal Courts do not have exclusive jurisdiction, so cases for certain types of incidents can be filed in either state or federal court. Different types of accidents are bound by different statutes of limitations. Things only get more complicated if an incident happens on international waters. Unless a lawyer exclusively specializes in maritime law, they aren’t likely to be aware of all the intricacies involved in your case. So even though something might seem like a run-of-the mill workplace injury or personal injury case, if it happens on the water, there’s a good chance it’s anything but ordinary as far as the law is concerned.

What is Maritime Law?

Maritime law, also often referred to as Admiralty Law, is a highly specialized area of the law that covers laws applicable to any activities at sea or in any navigable body of water that could be used for interstate or international transport. Any body of water (ocean, river, lake, canal, etc.) falls under the jurisdiction of maritime law as long as it meets that criteria. This covers incidents such as recreational boating accidents, cargo damage, piracy, wake damage, diving accidents, oil spills, and jet ski accidents. Because there are so many smaller bodies of water that could be covered under maritime law, you can find a maritime lawyer in most states.

A major part maritime law involves injuries incurred by seamen, divers, longshoremen, cruise ship employees, and boat passengers. For those injured on the job, the Jones Act has been protecting American crewmen since 1920. There will always be occupational hazards involved with working on the water, but the Jones Act was enacted to hold shipping companies accountable for allowing their ships to be more dangerous to work on than they need to be. The Jones Act covers any worker who spend at least 30% of their time working aboard a vessel in navigation. Under the Jones Act, employers are required to pay Maintenance and Cure benefits, which provide injured and ill seamen with money for medical treatments and living expenses while they are recovering.

All About the Jones Act

The Jones Act is a federal statute enacted in 1920 to help keep the American shipping industry going strong after World War I and to provide protection for workers such as seamen and fishermen from working in needlessly dangerous conditions. 94 years later and the Jones Act remains an extremely important part of maritime law. Under the Jones Act, shipowners are held responsible for any injuries caused by either the negligence of the shipowner or another worker. This protects any worker who spend at least 30% of their time working aboard a vessel in navigation.

Image courtesy of O'Bryan Maritime Lawyers

Along with the Jones Act comes Maintenance and Cure benefits. If a worker is hurt or becomes sick on the job, his/her employer is required to pay the employee for any medical treatment they need in addition to pay for their living expenses.

The Jones Act also regulates what kinds of trade ships can be used in the United States. Under this statute, the only ships allowed to engage in trade between U.S. ports are ships manufactured in the U.S., fly the American flag, and have a staff of at least 75% American citizens.It also only allows foreign ships to only make one stop at a U.S. port in a trip. This stipulation has come under some criticism lately from people who feel this part of the Jones Act is driving up shipping costs. Since foreign ships are only allowed to make one stop in the U.S. they are not able to stop in Hawaii or Alaska before moving on to another U.S. port, which some feel is unfairly making the cost of living higher in Alaska, Hawaii, and U.S. territories Puerto Rico and Guam.