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Statutes of Limitations Every Maritime Worker Needs to Know
Posted in Maritime
There are statutes of limitation for maritime claims, meaning there is a limited window of time during which you can file a claim if you are seriously injured under maritime tort law. Here’s what maritime workers should know about these filing deadlines.
What Is the Statute of Limitations?
Statutes of limitations are time limits that apply to both criminal and civil legal actions. Once the legally defined time period has passed, criminal charges and/or personal injury claims cannot be filed. There are many factors that determine the personal injury claim statute of limitations under maritime law.
A maritime or admiralty suit might fall under state or federal jurisdiction. Whether the injury occured on a vessel under navigation might determine if the Uniform Statute of Limitations for Maritime Torts will apply. There is no substitute for a case evaluation with an experienced maritime attorney to get the clearest picture of available options in your specific situation. However, there are some general guidelines to be aware of if you or a loved one is injured at sea.
The Uniform Statute of Limitations for Maritime Torts
This federal code applies to all lawsuits for personal injury to—or death of—a seamen that arises out of a maritime tort.1 The law defines a three year statute of limitations to file after the cause of the action occurs. This determines the Jones Act statute of limitations, as well as the Death on the High Seas Act, claims of unseaworthiness, and other claims made under general maritime tort law.
The Jones Act Statute of Limitations
How does the Jones Act work when it comes to these time limits? Your lawsuit under the Jones Act must be filed within three years from the time of the accident, injury, or illness. However, in some instances, this time may be reduced by administrative requirements based on ownership of the vessel; so, realistically, claims should be filed within two years to avoid most issues.
The Death On the High Seas Act Statute of Limitations
DOHSA, or the Death on the High Seas Act, allows families of those who died at sea to file a claim for compensation in certain circumstances. They have three years from the day their loved one died to file under maritime tort law. A spouse, child, parent, or dependent relative may be eligible for compensation under DOHSA.
The Longshore and Harbor Workers Compensation Act Statute of Limitations
The LHWCA has a shorter statute of limitations than the Jones Act or DOHSA. These individuals may have only one year to file a claim after they are injured in an accident. This time begins to count down as soon as the employer files the required form with the Department of Labor to report the injury.
In some cases where an employer was voluntarily paying benefits and compensation and then stopped, the injured person has a year to file from the time those benefits were cut off. This one year statute of limitations also applies to cases filed under the Outer Continental Shelf Lands Act and the Defense Base Act.
Maintenance and Cure Statute of Limitations
There are some cases where you may file a claim for Maintenance and Cure more than three years after the accident that caused your injury or illness. The three year statute of limitations set under the Uniform Code may not always apply, but after three years the burden of proof will fall more heavily on the plaintiff or injured person to show a reasonable cause for being unable to file a claim sooner.
Which Statute of Limitations Applies to Your Maritime Injury Claim?
Maritime law is complex, and it would be impossible to determine if your statute of limitations has passed without speaking to a qualified maritime attorney. If you or a loved one has been injured in a maritime accident, the sooner you schedule a free and confidential case review the more legal options you may have.
Our team of Maintenance and Cure attorneys have decades of experience and some of the largest Jones Act and Maritime case settlements on record. We represent injured maritime workers nationwide and can provide the sound legal advice you need before the clock runs out. Contact us today to schedule a consultation with no fee unless you win your case.
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