Maritime injury claims stand apart from typical personal injury cases in several important ways. While both involve seeking compensation after harm caused by negligence, maritime claims fall under a unique set of laws designed specifically for incidents that occur on or near navigable waters. These claims often involve different standards, timelines, and types of compensation, which means the process for building a strong case requires a more tailored approach.
Unique Legal Framework Governs Maritime Cases
One of the most distinct differences is the legal foundation supporting maritime claims. Rather than relying on state personal injury laws, maritime injury cases are typically governed by federal laws such as the Jones Act, the Longshore and Harbor Workers’ Compensation Act, and general maritime law. These laws were created to protect seamen and other maritime workers who face unusual risks in their line of work.
Different Standards Of Liability Apply
According to an experienced construction accident lawyer, in many land-based injury cases, claimants must prove that a party was negligent and that the negligence directly caused the injury. While this is still true to some extent in maritime cases, the standard under the Jones Act is more favorable to injured seamen. Instead of proving that negligence was the primary cause, a seaman only needs to show that the employer’s negligence played any part, however small, in causing the injury. This lower threshold can improve the chances of a successful outcome, but also changes how the evidence must be presented.
Injured Workers Are Often Far From Immediate Help
Unlike most traditional workplace injury cases, maritime injuries often occur at sea, far from medical care or emergency response. This delay in treatment can worsen injuries and create additional challenges in proving the full scope of harm. Moreover, it often makes it more difficult to gather evidence or document the scene, which puts extra pressure on workers and their legal teams to act quickly and thoroughly once they’re back on land.
Maintenance And Cure Is A Distinct Form Of Compensation
Maritime workers may be entitled to benefits known as “maintenance and cure.” Maintenance refers to the worker’s daily living expenses while recovering, and cure covers medical treatment. This obligation begins as soon as the injury occurs, regardless of who is at fault. While workers’ compensation may be available in some other industries, the concept of maintenance and cure is unique to maritime law and plays a crucial role in the overall recovery process for injured seamen.
Jurisdiction And Venue Can Be Complicated
Injury claims arising from offshore incidents often involve complicated questions about where a case can be filed. Depending on where the incident happened and the employment terms, the case may fall under federal admiralty jurisdiction, and venue options can include multiple states or even countries. This can affect everything from timelines to procedural rules. Attorneys like those at our friends at Hickey & Turim, S.C., can attest that determining the correct jurisdiction is one of the first, and most important, steps in filing a successful maritime injury claim.
Why It Matters
The unique nature of maritime law means injured workers need a strategy tailored to the setting and legal protections available. From proving seaman status to understanding the remedies offered under maintenance and cure, these cases require attention to legal differences that don’t apply in land-based personal injury lawsuits. If you or someone you care about has been injured while working at sea or on a vessel, taking the right legal steps early on can make a significant difference. Consider speaking with a legal professional who understands maritime law and is ready to help you secure the compensation you’re owed.