Midland Maritime Injury Lawyer

Maritime laws regulate shipping and navigation on waterways, and international laws (Laws of the Sea) govern maritime violations on open seas. Countries may impose regulations on their waterways, which include territorial waters up to 12 miles from the coastline. In the United States, maritime or admiralty law also includes inland waterways.

If a person is injured while on a vessel in US navigable waters, he or she can file an insurance claim or pursue a civil lawsuit for the work-related injury. However, determining the best course of action requires a knowledgeable Midland maritime injury lawyer who works in maritime law and understands the nuances of establishing a maritime injury claim.

When Does Maritime Law Apply in Midland Maritime Injuries?

The US Coast Guard is the law enforcement service branch responsible for enforcing maritime law on all personal and commercial vessels. For instance, the Coast Guard oversees boating accidents involving commercial ships, recreational vessels, jet skis, and other personal-use boats. If an accident occurs on a waterway, the Coast Guard collects information and files a report similar to how law enforcement does for a land accident, including citing those involved in the accident for violations of maritime law.

Commercial accidents can involve passengers and crew. If a passenger is injured while on a commercial vehicle, such as a cruise ship or ferry, they can file an insurance claim or pursue legal actions as they would any other personal injury claim.

The legal process can be different for maritime crews. That’s because worker’s compensation does not cover them. An experienced maritime lawyer in Midland can help injured workers and crews file the proper claims or initiate civil actions to obtain the compensation the workers deserve.

How Are Injured Maritime Workers Compensated?

If an individual is a land-based worker, he or she can file a workers’ compensation claim for on-the-job injuries or against an employer if the company is a non-subscriber. For maritime workers, the Jones Act and the Longshore and Harbor Workers Act provide worker protection.

Jones Act

The Merchant Marine Act of 1920, more commonly called the Jones Act, sets the rules for ships operating in U.S. waters. A foundational part of this law was ensuring worker safety, allowing maritime workers to take legal action against their employers for adequate compensation if the workers were injured while performing their job duties.

Maritime workers cannot file a worker’s compensation claim. Instead, these workers can sue their employer under the Jones Act for several scenarios, such as:

• Compensation for medical expenses, lost wages, and pain and suffering
• Medical costs and living expenses during recovery
• Punitive damages, which may be included if the employer violates their duty to provide a seaworthy vessel

The Jones Act covers maritime workers who spend at least 30% of their work hours aboard an operating vessel. Other criteria may apply when determining whether maritime or conventional laws apply.

Longshore and Harbor Workers’ Compensation Act (LHWCA)

LHWCA provides workers’ compensation benefits to maritime workers injured while on US navigable waters or any adjacent area, such as piers, dry dock terminals, or wharves. Adjoining areas are defined as areas that are used for cargo loading, unloading cargo, and vessel building and ship repairs.

The LHWCA helps injured workers pursue compensation, rehabilitation services, and medical care for their injuries. However, injured workers in Midland need to consult a maritime injury attorney before filing a claim to ensure their rights are protected under this government act.

Talk to a Midland Maritime Injury Attorney Today

Maritime law allows passengers and workers (including longshore workers, harbor workers, and crew) to be compensated for injuries. The experienced Midland maritime injury lawyers at Schechter, Shaffer & Harris will guide a client through the complexities of the legal process and get their clients the compensation and justice they deserve.