Maritime & Admiralty Law

Injured offshore? Get Arnold & Itkin in your corner!

Just like any other industry, seamen are at risk for suffering work-related injuries any time that they are on the clock. The courts have recognized this and are continually working to protect injured seamen through general maritime law. Maritime law allows workers who have been injured offshore or in the maritime industry the chance to claim necessary compensation for any suffering of medical complications.

Originally, general maritime law emerged from the court system that dated back to British admiralty law. Through the years, maritime law has become more intricate and complex. The outdated compensation rates are no longer widely accepted, which is due in large part to the evolving changes of maritime law.

The following acts are foundational to maritime law:

• Jones Act
• Death on the High Seas Act
• Longshore & Harbor Workers Compensation Act

Though the above acts are very critical, general maritime law is still the basis for all injuries sustained by seamen. It is important to have a comprehensive understanding of the general law before delving into the subsequent acts.

Maritime Law As It Applies to Employers

Under general maritime law, ship owners are required to keep their vessels maintained according to a certain standard. As the employer and owner, the vessel holder must preserve the safety and structure of the ship in a way that is appropriate for all employees on board. Manning, equipping, and supplying the vessel are all key aspects of a ship owner's duty according to general maritime law. Subsequently, if an employee of the vessel becomes injured or ill due to the unseaworthiness of the ship, the owner will be held accountable for any loss by way of compensation.

How does maritime law provide for injured workers?

Without the provision of general maritime law, injured seamen would be left on their own to counteract any suffering they sustained while working. Anytime a ship employee becomes injured or sick, the vessel owner is required to reimburse their losses. General maritime law refers to this reimbursement as maintenance and cure, meaning that until the seaman fully recovers, the employer must provide for their affliction.

The court views this obligation as an unquestionable duty that the ship owner owes any seaman aboard their vessel. Seaman are also eligible to recover full wages for the length of the voyage during which they sustained injuries or illness. An employment contract may dictate the amount of unearned wages a seaman can receive.

Provisions for Maintenance & Cure

Maintenance and cure refer to the benefits a seaman is entitled to until he sufficiently recovers and is fit for duty. However, there is a maximum medical improvement limit that can control the amount of compensation received. Because many ship owners are loathe to pay the highest amount of benefits possible, they will either follow old maintenance rates (which can range from $15 to $35 a day) or regulate the cure benefits by hand-picking covered medical treatments. The U.S. Supreme Court states that the duty to provide maintenance and cure must be broad and inclusive. In the case of compensation, the seaman is almost always favored when any skepticism is involved.

Our Maritime Lawyers Can Help: Call for a Free Consultation

If you believe that you have a case that falls under maritime law, don't hesitate to contact our firm. Maritime injury lawyers from Arnold & Itkin LLP are more than qualified to represent your rights and fight for the benefits that you deserve. Get in touch with our firm today to learn more about how our experience can benefit you.

Admiralty Lawyer

Admiralty Lawyer Admiralty law 

(also known as maritime law) is a body of law governing the conduct of vessels and incidents occurring at sea. Although most countries have their own laws regarding maritime commerce, seamen, and the conveyance of passengers, many aspects of admiralty law are recognized internationally through multilateral treaties. History of Admiralty and Maritime Law As ships provided one of the earliest methods for transporting goods over long distances, rules regulating shipping can be traced all the way back to the ancient Greeks in approximately 900 B.C. The concept of a separate legal authority regulating maritime issues was brought to the west by Eleanor of Aquitaine, who learned of the concept when she accompanied her first husband King Louis VII of France to the Mediterranean on the Second Crusade. The term admiralty law came from the British admiralty courts, who presided over maritime matters separately from England's common law courts. As the United States judicial system is based on the British system, amended admiralty laws were gradually incorporated into the U.S. legal system soon after the U.S. Constitution was ratified.

Features of Admiralty Law Admiralty law sets forth many of the basic legal tenants associated with the sea and seamen, including: The right of a rescuer to claim a Marine Salvage award for recovering property that was lost at sea. The right for creditors and seamen who are owed wages to have a Maritime Lien against a vessel as a security interest to insure they are paid. The duty for ship owners to provide reasonable care to passengers, and if negligence results in a passenger injury, suit may be brought against the ship owner just as if the injury had occurred on land. The benefit of maintenance and cure, which requires ship owners to care for crew members injured in service to a ship. Maintenance obligates ship owners to provide injured seamen with basic living expenses until they are able to return to work, while cure obligates ship owners to provide free medical care even if that care is long-term or permanent until an injured seaman reaches the state of maximum medical cure (i.e. being returned as close as medically possible to the condition the seaman was in prior to the injury). Admiralty Law in the United States In the United States, jurisdiction over admiralty law matters was originally given to the federal courts. However, today most admiralty cases can be heard by both state and federal courts under the saving to suitors clause in Title 28 of the United States Code (28 U.S.C. § 1333). The exception to this is any matter involving maritime property; those cases may only be tried in federal court. If a state court presides over an admiralty or maritime case, the court is required to apply admiralty or maritime law rather than its state law. Since admiralty law is a large and complex body of law separate from the civil or criminal law that most attorneys practice, it is important for individuals with maritime cases to be represented by a qualified offshore injury lawyer with a proven track record of prosecuting admiralty law cases. At Arnold & Itkin LLP, we know what is at stake when we take on a claim of this nature and we are prepared to go the distance in our efforts to helping our clients seek the just and desirable outcome that they deserve.