Maritime Lawyer
Brief Overview of Maritime and Admiralty Law
Maritime law provides workers the opportunity to obtain compensation for injuries suffered offshore or in the maritime industry. Maritime law is complex. Employers and their insurance companies often resist paying compensation to injured workers. It's important to recognize that not all maritime statutes will apply to every case. Compare maritime laws and learn the key differences in the scope and applicability of each. The following topics form the basis of offshore and
maritime injury law:
General maritime law is the common law that has been created through the court system dating back to British admiralty law. The right to maintenance and cure following a
maritime injury is part of
general maritime law, as are claims related to the unseaworthiness of a vessel.
General Maritime Law in the Courts
Before the Jones Act, the general maritime law came from court decisions handed down through the years as judges determined the rights of seamen. A ship owner's duty to provide a seaworthy vessel and a seaman's right to receive maintenance, cure and unearned wages are among the developments of general maritime law. A vessel owner has an obligation to exercise due diligence to make his vessel seaworthy and to properly man, equip, and supply the vessel. This obligation is viewed by the courts as an absolute duty owed to the seamen in service to the vessel. If a seaman is injured or becomes ill as a result of the vessel's unseaworthiness, the owner is liable to the seaman for his damages or loss.
What are seaman's rights under maritime law?
General maritime law continues to play a vital role for injured seamen. Every seaman who becomes sick or injured during the course of his employment, regardless of fault of his employer, crew members, or the owner or operator of the vessel, is entitled to his maintenance and cure. The courts agree that these duties arise out of the context of the employment relationship and do not require the existence of any negligence or fault of the vessel.
When a seaman becomes ill or injured during the course of his employment, he is entitled to receive his full wages for the course of the voyage during which the illness or injury occurred. In some instances, it is difficult to define the voyage for the purpose of calculating unearned wages. In some circumstances the unearned wages are based on the schedule that the seaman worked. If the seaman has an employment contract, the terms of the contract will determine the amount of unearned wages.
General Maritime Law Provides for Maintenance and Cure
Under general maritime law, maintenance and cure benefits are owed to the seaman until he is fit for duty or until he reaches maximum medical improvement (MMI). Maintenance benefits are intended to provide for the injured seaman's reasonable room and board while ashore. The cure benefits include all reasonable medical expenses incurred by the seaman for treatment.
Many employers limit the benefits they provide for maintenance and cure. For instance, some companies pay old maintenance rates ranging from $15 – $35 per day claiming that the rate is based on the value of room and board provided on the vessel. In other cases, companies try to limit the cure benefits by picking and choosing which medical treatments they will cover.
The U.S. Supreme Court has ruled that the duty to provide maintenance and cure should be broad and inclusive. Any doubts as to entitlement of maintenance and cure should be resolved in favor of the seaman. Lower courts have decided that maintenance benefits must be sufficient to cover the basic necessities of the seaman, which have been held to include food, rent, electricity, phone and transportation.
Contact a maritime lawyer from our firm!
If you have a case based on maritime law, you need a personal injury lawyer on your side that understands the nuances that are unique to these types of claims. At Arnold & Itkin, LLP, we have extensive experience in these types of cases and we are prepared to go the distance in our efforts to help our clients fight for the just outcome that they deserve to fully protect their rights. Do not hesitate to contact our legal team today if you would like to learn more about how we can help protect you.
If you have more questions about maritime law, it's in your best interests to contact a maritime injury attorney from Arnold & Itkin, LLP today!