How Long Do I Have to File My Maritime Injury Claim?
The answer depends on what type of claim you intend to file in your case.
Every case is unique and best determined with the help of a legal professional in the maritime field. While cases vary from situation to situation, they also vary from state to state. Each state has a different standard for the amount of time allotted after an injury is sustained to file.
As a maritime worker, the time allowed is also dependent on which maritime law you are covered by. For instance, a Jones Act or maritime law claim typically must be brought within three years from the date of injury. That time period may be shorter or longer, depending on the facts of your case and whether certain notice requirements apply to your case. This is in connection with what is called the statute of limitations, which is a part of the common law legal system. It determines what is the maximum amount of time you can wait after an injury to file a claim.
On the other hand, if you are filing for benefits under LHWCA, you must give notice of the injury to your employer within 30 days after it occurred, while a formal claim will need to be filed within one year from the date of the injury. Those covered under LHWCA are not just seamen, but also include those who are adjacent workers. These workers can include those who load and unload ships as well as those who work in shipyards.
If you are still questioning whether or not you can still file a maritime injury claim, it would be best to contact a legal professional familiar with maritime law. Give us a call today at (888) 493-1629 to learn more!