What is Maritime Law or Admiralty Law

Maritime law (which is also termed as Admiralty law) covers laws that govern all activities and actions that take place on navigational ships on the waters like oceans, seas, lakes and such. Tasks such as loading and unloading cargo, salvage and towage are also maritime in nature.

Maritime Law deals with matters that include marine trade, shipping, sailors and the transportation of goods as well as passengers all of which take place by the sea. Whereas Admiralty law covers commercial activities as well most of which take place on the land as well.

How does Maritime Law concern you…?

Maritime Law does not concern us unless or until we have been involved in an accident or incident that has taken place in the waters that make up the above mentioned conditions. Any injury that involves a passenger or a seaman falls under the area of Maritime Law. If you have been injured while working as a crewmember on a ship, tug, supply vessel, crew vessel, jack-up vessel, derrick barger, pipe lay barger, or any other type of vessel then it is your right to file a claim and deserve compensation.
The Law Office of Patrick H. Yancey, located in Houma, Louisiana specializes in representing persons injured in such Maritime cases and has established his name as a Maritime Incident Lawyer in Houma, Louisiana.
Please feel free to contact us for an initial consultation about your case.

What is the Jones Act?

The Jones Act is a federal law that was passed by Congress in 1920 specifically to protect seaman injured on the job where the cause is negligence or error. If an employer unjustly fails to protect workers from injury or prevent injury, a seaman can bring a claim against the vessel’s owner.

Who is a Seaman?

According to the Jones Act, a seaman is one who works as crewmembers of a vessel on rivers, offshore waters, or oceans. Offshore vessels include drill ships, jack-ups, floating barges, diving vessels, cruise ships, tankers, cargo ships, fishing boats, and other work related water worthy crafts.
The essential characteristics of a seaman are: contribution to the functioning and operation of the vessel, establishment as a vessel crewmember, and determination of sufficient relationship to the vessel(s). Only a seaman can recover damages under the Jones Act. We have the experience you are looking for to help determine your seaman status and move forward with a lawsuit if necessary to recover compensation. Under the Jones Act, an Offshore Jones Act lawyer can help you recover:

• “Maintenance” -a daily compensation designed to provide necessities such as food and shelter, which the seaman would have when working on a vessel. There is a range of “maintenance” fees from approximately $15.00 to $35 per day.
• “Cure” — the employer’s coverage of any and all medical expenses related to the injury until such time that the seaman could return to work or until the seaman is designated permanently disabled.
• Lost wages from the time of injury to trial
• Future lost wages
• In the event of a wrongful death, the surviving family members could become the recipients of Jones Act settlements

Jones-Act litigation may be initiated up to three (3) years from the date of a seaman’s injury.

General Maritime Law Negligence

Seamen may also be entitled to sue under the general maritime law for negligence by contacting a maritime lawyer. If an employer is negligent if he or she commits an act which a person exercising ordinary care would not do under similar circumstances, or fails to do what another person exercising ordinary care would do under similar circumstances.

Longshore Harbor Workers Compensation Act (LHWCA) – 905(b)

The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides for compensation and medical care to employees disabled from injuries that occur on the navigable waters of the U.S., or in adjoining areas used in loading, unloading, repairing or building a vessel. The Act also offers benefits to dependents if the injury causes the employee’s death. The term “injury” includes occupational disease arising out of employment.
The Act covers workers employed in maritime occupations, including longshore workers or other persons in longshore operations, and any harbor workers, including ship repairers, and shipbuilders.

Contact Patrick Yancey – A Maritime Lawyer

If you have been injured because of the negligence of the vessel, then you may be entitled to recover damages by bringing a claim against the vessel. It is important to note that all lawyers are specialized in Maritime injury cases, so before hiring make sure that your personal injury lawyer is also a Jones Act and Maritime lawyer. Please feel free to contact us. As an Offshore Jones Act and Maritime lawyer we can bring you the help that you deserve.