If you have been injured at sea or on a vessel, you may be wondering what your legal options are.
Admiralty claims and personal injury are two areas of law that deal with maritime accidents and injuries.
Understanding Maritime Personal Injury Claims
Maritime personal injury refers to injuries sustained by workers, crew members, or passengers while on vessels or in maritime environments. When you suffer a maritime personal injury, you may be entitled to compensation under federal maritime law, which offers different protections than traditional personal injury law. The framework of maritime law is complex and varies depending on your status at the time of injury, the nature of the injury, and where the incident occurred.
Key Differences Between Maritime and Personal Injury Law
While both maritime law and traditional personal injury law address injuries and damages, they operate under different legal frameworks. Maritime personal injury claims fall under federal jurisdiction, meaning your case will be heard in federal court rather than state court. Additionally, maritime law often provides more favorable remedies and compensation options for injured workers compared to standard workplace injury claims.
Maintenance and Cure Benefits
One of the most important remedies available under maritime law is “maintenance and cure.” This unique maritime benefit ensures that injured seamen receive financial support during their recovery period. Maintenance covers lost wages from the time of injury until the seaman is fit to return to work, while cure covers all necessary medical expenses related to treating the injury.
Types of Maritime Personal Injury Claims
There are several categories of maritime personal injury claims you may be able to pursue. The Jones Act provides federal protection for seamen injured due to employer negligence. Claims for unseaworthiness allow recovery when a vessel’s defective condition causes injury. Third-party claims can be filed against parties other than your employer whose negligence contributed to your injury.
What to Do After a Maritime Injury
If you’ve been injured in a maritime accident, document everything carefully. Take photographs of the accident scene, preserve evidence, and gather witness statements. Report the injury to your employer and seek immediate medical attention. It’s crucial to consult with an experienced maritime attorney who understands the complexities of admiralty law and can protect your rights under federal maritime statutes.