As an employee of the maritime industry, you have multiple options when it comes to obtaining financial compensation for injuries or illnesses you have been afflicted with during the performance of your job duties.
That’s not a chance development—maritime law has gone through quite a few deliberate changes over the generations. These various upgrades and revisions have been largely motivated by the need to address and cover over the gaps in maritime personal injury statutes. All this activity has resulted in what exists today as a patchwork of laws, which tends to be confusing for most people.
If you’re a maritime worker who has gotten hurt on the job, it can be difficult to know what to do next. You may have a strong case that you were victimized by another party’s negligence, but who should you sue? And under what law? What kinds of evidence do you need to prove your case? Who can you turn to for help? These are all legitimate questions.
The Limitations of Maintenance and Cure
It’s likely that you’ve already heard about maintenance and cure, a type of personal injury compensation that has been a component of general maritime law and practice since the 19th century. Essentially, maintenance and cure is meant to provide the injured seaman with a minimal level of recompense—usually just enough to cover day-to-day expenses and medical bills. It came into being not through legislative action but due to a series of court decisions over the years.
Maintenance and cure is an automatic obligation under general maritime law that requires an employer to cover an injured seaman’s basic living expenses and medical treatment until maximum medical improvement, regardless of fault.
As the funds provided by maintenance and cure are not substantial, it was eventually found necessary to create personal injury laws that empowered the plaintiffs in maritime personal injury cases to seek additional compensation when appropriate. This led to the passage of a number of maritime laws and regulations that collectively form a veritable alphabet soup of legislation: LHWCA, DOHSA, OCSLA, PVA, AEA, and more.
For anyone who is or will soon be involved in a maritime injury case, it is important to have at least a basic sense of what these laws are about and to whom they apply. That’s what we’ll focus on in the remainder of this article.
A List of Maritime Laws
What follows is a brief outline of the laws that most commonly apply in maritime law cases.
The Jones Act
The Jones Act—more formally known as the Merchant Marine Act of 1920—is one of the most important laws relating to maritime personal injury. It regulates many aspects of maritime commerce, including the rights of seamen who become injured on the job. This is the portion of the Act relevant to this discussion.
The Jones Act allows injured seamen to sue their employer for appropriate compensation. It differs from maintenance and cure in requiring the plaintiff to prove that their employer is responsible in some way for the incident or conditions that led to the injury.
Under comparative negligence principles, any damages awarded can be reduced in proportion to the seaman’s own share of fault. This concept applies after negligence has been established and does not define the employer’s duty itself.
To succeed in a Jones Act suit, the plaintiff must prove four elements:
- Duty (the employer had an obligation to ensure the safety of employees)
- Breach (failure to fulfill this obligation)
- Causation (the breach of duty caused the injury)
- Damages (the injury resulted from the employer’s negligence)
It is also necessary for plaintiffs to show that they satisfy the Jones Act’s definition of a seaman, which excludes many maritime employees.
The Longshore and Harbor Workers’ Compensation Act (LHWCA)
The Longshore and Harbor Workers’ Compensation Act, passed in 1927, provides protections to maritime employees who do not qualify as seamen under the Jones Act definition, such as longshoremen, shipbuilders, and repairmen. It covers workers who service vessels, unload cargo, or conduct related tasks on or near navigable U.S. waters.
LHWCA payments function similarly to workers’ compensation programs, delivering regular payments rather than lump sum judgments. Payments are based on a percentage of the employee’s average weekly wage. Classifications include Temporary Partial Disability, Temporary Total Disability, Permanent Total Disability, and Permanent Partial Disability.
The Outer Continental Shelf Lands Act (OCSLA)
Established in 1953, the Outer Continental Shelf Lands Act covers maritime platforms and structures located beyond state territorial waters on the federally controlled Outer Continental Shelf.
OCSLA extends LHWCA coverage to certain offshore workers injured as a result of operations conducted for resource extraction on the Outer Continental Shelf. Some offshore workers qualify for LHWCA benefits specifically because OCSLA applies to their work. Others may still qualify as Jones Act seamen based on their duties and connection to a vessel.
Death on the High Seas Act (DOHSA)
Enacted in 1920, the Death on the High Seas Act provides recovery for the families of individuals who die due to wrongful acts or negligence occurring more than three nautical miles from U.S. shores. DOHSA applies to any person’s death on the high seas. It also covers commercial aviation accidents that occur more than twelve nautical miles from U.S. shores.
The Suits in Admiralty Act (SAA) & the Public Vessels Act (PVA)
These related acts waive the government’s immunity in certain maritime cases and permit lawsuits against the United States under defined circumstances.
A claim can be brought under the Public Vessels Act when it involves injuries or damages caused by a public vessel. The Suits in Admiralty Act applies to other maritime claims against the United States that would be available if the vessel were privately owned.
Both statutes cover a broader range of maritime claims than personal injury alone, though personal injury claims involving federal vessels often fall under these acts.
The Admiralty Extension Act (AEA)
Enacted in 1948, the Admiralty Extension Act covers injuries to people and damage to property on land when the cause is negligence associated with a vessel on navigable waters or its “appurtenances” (i.e., accessories of the ship).
For example, workers who are harmed while handling vessel cargo while on land may be able to bring a suit against their employer under the terms of the AEA. Another example would be a worker who is struck by a vessel attachment while walking on land nearby. What constitutes an “appurtenance” isn’t always clear, and this is a recurrent issue that the courts have grappled with in AEA cases over the years.
FAQs
What is the Jones Act?
The Jones Act is a federal statute that allows eligible seamen to file negligence claims against their employer after an injury. It gives workers the ability to pursue compensation beyond basic maintenance and cure and remains one of the most important parts of maritime employment law.
How do maritime labor laws protect injured workers?
Maritime labor laws provide rights that cover medical care, wage replacement, and civil claims based on unsafe conditions. These laws vary by job role and location, which is why accurate classification matters.
Do I need a maritime lawyer for a vessel or dockside injury?
A maritime lawyer can identify the correct legal path, gather evidence, and protect your claim during the investigation phase. These cases often involve complex jurisdictional rules that benefit from experienced guidance.
What steps should I take after an injury during maritime work?
You should seek medical attention, report the incident, and document what happened. Photos, witness information, and prompt treatment help support your claim and create a reliable record of the event.
When should I contact a maritime worker injury attorney?
You should contact a maritime worker injury attorney as soon as possible after a maritime work accident. Early action helps preserve evidence and protects your right to compensation.
Why You Need an Experienced Maritime Injury Lawyer
As we’ve noted, it’s not always obvious which law a particular maritime personal injury case falls under. This confusion can cause plaintiffs serious headaches—and it can even make them miss the opportunity to file an injury claim due to the statute of limitations.
Maritime laws have different time limits for filing, and you may be mistaken as to which statutory period applies to your case. That’s why you should not delay in reaching out to the maritime work injury lawyers at Schechter, Shaffer & Harris. We can analyze your case and determine the right course of action.
Call us at 800-836-5830 or contact us online. You pay nothing unless we win!
