Long term benefits depend on the severity of the injury and how permanent the resulting disability is. This results in a temporary compensation of 2/3 of the worker’s weekly salary. If a non-seaman worker is injured on the job, LHWCA entitles them to reasonable and necessary medical and indemnity benefits. These workers are covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA). Those who do not fit this description are considered to be “non-seaman workers.” This includes employees who work loading and unloading docks and, in some cases, men and women working on offshore oil rigs. To be considered a seaman, the employee in question must spend 30% or more of his working hours on a vessel. There are two kinds of employees on the open sea: those who can be classified as seaman and those who can’t. Diseases or illnesses associated with exposure to dangerous chemicals.Injuries seaman and other maritime workers might experience include: Unfortunately, whenever an accident occurs there is a risk of injury to those in the immediate area. Human error may contribute in some of these situations, but many can be easily prevented with good work practices and common sense. Working under the influence of drugs or alcohol.Lack of proper training and/or safety gear.Regardless of the cause, negligence can put innocent seaman and workers at great risk, both when they’re in port and on the open sea.Īs maritime law attorneys, we see accidents caused by: Negligent accidents can be caused by a number of things, from improperly maintained machinery to the irresponsible actions of another person or party. Some studies suggest that it may even be as high as 70 percent. Common Accidents and Injuries Occurring at SeaĪ large portion of maritime accidents are the result of negligence. Vicarious Liability: The liability a company incurs based on the acts of its agents. Un-seaworthy: The state in which a vessel and all its pats, equipment, and crew are able to work as intended at sea. For Jones Act and general maritime cases the statue of limitations is three years from the date of injury. Statute of Limitations: The frame of time in which a lawsuit can be filed. Settlement: An agreement that resolves a claim without taking it to court. Seaman: A member of the ship’s crew or a worker whose job aids in the function of the vessel. Remedy: The legal means by which a party is held liable for the injury or death of a seaman. Operator: The company or group in charge of the day to day operations of a vessel. Negligence: The failure to act in a way that is safe and does not put others at risk. Longshoreman: Land-based maritime workers, not covered by the Jones Act, who primarily load and unload ships. Joint and Several Liability: A situation in which multiple parties are at fault for a seaman’s injury wherein the judgment may be paid by one party or split between them. Hitch: The length of time a maritime worker will be at sea. Knowing what the following words mean can help you understand admiralty law betterĪdministrative Claim: When a claim is pursed through administrative means as opposed to the court system.Īgent: Someone who is authorized to act on behalf of a company.Īpportionment: The process by which the defendant’s share of liability is determined.Ĭlaimant: The injured seaman or, if the seaman is deceased, their representative.Ĭontributory Negligence: The percentage of fault that can be attributed to the seaman, if his negligence contributed to his injuries.ĭefendant: The individual or party accused of a crime or wrongdoing. There are many unique legal terms that are used only when discussing maritime law. Likewise, if a ship commits a crime in American waters, they must be judged according to the laws of the country whose flag they are sailing under.
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If a ship flying the American flag commits an offense in the Mediterranean Sea, it is subject to American admiralty law. Which country’s laws are followed is determined by the ship’s flag. International admiralty laws exist as well formed by years of fine-tuning and countless multilateral treaties. American admiralty law applies to any waters in the United States that can be navigated by boat for the purposes of interstate or foreign commerce. Shipping standards for various bodies of waterĮach country has their own maritime laws that they adhere to.It primarily covers navigation and shipping, along with topics like: It helps to facilitate commerce and create a common ground by which to judge offenses that occur at sea. Maritime law, also known as admiralty law, is a body of law that is both domestic and international.