Maritime Law

Maritime law is a distinct body of law which governs maritime questions and offenses. It is a body of private international law governing the relationships between private entities which operate vessels on the oceans. It is distinguished from the Law of the Sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters and international law governing relationships between nations.

Personal injuries to seamen

Seamen injured aboard ship have three possible sources of compensation: the principle of maintenance and cure, the doctrine of unseaworthiness, and the Jones Act. The principle of maintenance and cure requires a shipowner to both pay for an injured seaman's medical treatment until maximum medical recovery (MMR) is obtained and provide basic living expenses until completion of the voyage, even if the seaman is no longer aboard ship. The seaman is entitled to maintenance and cure as of right, unless he was injured due to his own willful gross negligence. It is similar in some ways to workers' compensation. The doctrine of unseaworthiness makes a shipowner liable if a seaman is injured because the ship, or any appliance of the ship, is "unseaworthy," meaning defective in some way. The Jones Act allows a sailor, or one in privity to him, to sue the shipowner in tort for personal injury or wrongful death, with trial by jury. The Jones Act incorporates the Federal Employers Liability Act (FELA), which governs injuries to railway workers, and is similar to the Coal Miners Act. A shipowner is liable to a seaman in the same way a railroad operator is to its employees who are injured due to the negligence of the employer. The statute of limitation is three years.

Not every worker injured onboard a vessel is a "seaman" entitled to the protections offered by the Jones Act, doctrine of unseaworthiness, and principle of maintenance and cure. To be considered a seaman, a worker must generally spend 30% or more of his working hours onboard either a specific vessel or a fleet of vessels under common ownership or control. With few exceptions, all non-seamen workers injured over navigable waters are covered instead by the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. � 901�950, a separate form of workers' compensation.

Maintenance and cure

The doctrine of maintenance and cure is rooted in the Article VI of the Rules of Oleron promulgated in about 1160 A.D. The obligation to "cure" requires a shipowner to provide medical care, free of charge, to a seaman injured in the service of the ship, until the seaman has reached "maximum medical cure." The concept of "maximum medical cure" is more extensive than the concept "maximum medical improvement." The obligation to "cure" a seaman includes the obligation to provide him with medications and medical devices which improve his ability to function, even if they don't "improve" his actual condition. They may include long term treatments permit him to continue to function well. Common examples include prostheses, wheelchairs, and pain medications.

The obligation of "maintenance" requires the shipowner to provide a seaman with his basic living expenses while he is convalescing. Once a seaman is able to work, he is expected to maintain himself. Consequently, a seaman can lose his right to maintenance, while the obligation to provide cure is ongoing.

Jones Act Maritime Law

Jones Act maritime law is the law that is in place for the protection of the rights and safety of workers on the rivers, lakes and seas.  This law encompasses those that work aboard all sorts of sea going vessels, from cruise ships right down to tug boats. Off shore oil rig workers are often covered depending on the specifics of the rig that they are working on. The laws are very comprehensive and specific but quite complicated and differ greatly from those that cover the injury of workers in the rest of the country.

There are lawyers who are specifically versed in Jones Act Maritime law. If you are ever injured while in the employ of any sort of ship, boat, or other vessel, then it is in your best interests to seek out the services of a qualified attorney immediately. It is important to have a lawyer that is knowledgeable about the specifics of this act, as it often entitles injured workers to much larger settlements and compensation packages than those that are sometimes offered as a part of traditional workers compensation packages. Any time there is any sign of a lack of care on the part of the employer, it is possible to receive massive settlements in return for his laxness. While large settlements cannot replace the quality of life that can be lost due to serious injury, they can at least ease the pain and make moving on with life somewhat easier so it is important to hire a lawyer who can ensure that you get the settlement and payments that you are entitled to.

Jones Act Maritime Law covers any and everyone who is working for a vessel that is owned by an American. It is important to realize whether or not you are covered under this law in case something ever does happen to you in the course of your employment. If you know that your employment safety is covered under the Jones Act Maritime law, you will know to seek the services of the appropriate type of attorney in the unfortunate case of an accident or anything else going wrong during the length of your employment. Obviously, no one ever wants to get injured on the job but it is critical to know how to respond appropriately in that unfortunate case.

Jones Act Maritime Law attorneys will ensure that you receive the settlement you are entitled to. Many companies have Jones Act law specialists working for them to try and ensure they are not held liable for anything that happens on their watch, and the only way to protect yourself from underhanded legal chicanery is to ensure that you have your own Jones Act lawyer to protect your rights and your fair compensation in the event of any sort of injury.  Many companies will try to have you swear away any claim to injury and in no way are you legally obligated to do any such thing. This is just an example of what can happen when you don't have an adequate attorney in the area of specialty informing you as to what your actions and decisions should be after your injury occurs.