Just any other industry seamen are at risk for suffering work-related injuries any time they are on the clock. The courts recognize this and are continually doing to protect injured seamen through general maritime law. This law gives workers who have been injured offshore or in the maritime industry the opportunities to claim necessary compensation for any suffering of medical complication. These are acres are foundational to maritime law:Jones act.
Death on the High seas Act.
Limitation of Liability Act.
Longshoreman and Harbor Workers Compensation Act.
General maritime law is the Based for all injuries sustained by seamen. It is important to have a comprehensive understanding for the general law before delving into the subsequent acts.
History of Admiralty & Maritime Law also referred to as admiralty law is nearly as old as the shipping industry itself and governs most accidents that occur on navigable by waters. The law’s roots can be traces back to the unwritten customs of nautical behavior of the Egyptians and Greeks. However, the unwritten formal codes were established around 900 bc on the Greek island of Rhodes. The original maritime laws and codes stemmed from the ancient customers and rules of shipping. For example, the Doctrine Average the concept that all sea cargo stakeholders. Evenly share any damage and too many losses that may occur as a result of voluntary sacrifice of part of the vessel or cargo to save the whole can be track back to the easily shipping customers of the Rhodians.
The concept of a separate legal 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 Vll of France to the Mediterranean on the 2nd crusade. The term admiralty law coming from the British admiralty courts. Who presided all over the maritime matters separately from England’s common law courts. As the U.S. judicial system is based on the British system, amended admiralty laws were incorporated into our legal system soon after the constitution was justified. Working as a seaman in the maritime industry is a high risk work. Heavy loads, large equipment, seaworthiness and difficult conditions can all contribute to a lift risk of high injury. Isolation is another health factor. Where do you go when you attack a severe injury hundreds of miles offshore?? When an injury occurs, expert medical aid is often hours away, while life alerting injuries need to be treated immediately. Due to all these factors, a maritime injury can be more serious than a similar incident occurring on land. Houston is much more than oil and aerospace and a recent study showed that Houston. TX is the No 2 city in the country for jobs connected to maritime through the moving cargo between U.S. ports. Only New Orleans has more workers from all Texas ports, it puts as the no. 3 state in the u’s in cargo transportation between American ports.
The port of Houston includes over 200 private and public terminals handling over 8200 seagoing areas overall 215000 barges every year. Thousands of maritime employees call the Houston area. It should come as no surprise then that land based workers do and often have to hire a maritime injury lawyer in Houston to protect their right to help recover losses that from their maritime injury.
If you are injured at sea, don’t assume Your employer will compensate you fairly and make sure your medical bills are covered your life. Any one of a host of Houston maritime lawyers will quickly point out that the ball game changes drastically when an injury occurs but not only that but also rules are different for maritime employee and land based employees. Defendants in maritime law cases try to hide behind the nuances of maritime law and hoping the injured party is not up to speed on them.
Maritime Law And Jurisdiction
Originally jurisdiction all over get a maritime matter went to federal courts. Today, many maritime injury cases are heard in either state of federal courts. In title 28 of the United States code established this option.
However, the exception to this is any case that involves maritime property. These cases must be tried in a federal court. The most important things to remember is that when a state court presides over a maritime case, but they have to apply maritime law, not state law.
Admiralty law established the foundation of the legal that govern the sea as well as maritime workers. These basic tenants set a precedent for our Houston maritime lawyers to help you and hold negligent parties accountable for your all life. This includes the following:
1. Seaman and creditors owed wages have the right to have a maritime lien against a vessel, providing a security interest to ensure payment to this law.
2. Rescuers have the right to claim a maritime salvage award when they recover properly that was lost at sea in these topics.
3. shipowners have a duty to provide reasonable care to their worker and passengers.
When negligence results in the injury of a passenger that passenger has the right to bring a lawsuit against the shipowners in this law program.
Maintenance creates an obligation for owners to provide seamen and maritime workers with basic living expenses until they are able to work. On the other hand cure requires shipowners to provide injured workers with free medical care. This includes cases of permanent or long term care of this situation.
The includes cases of permanent or long term care until the seaman reaches maximum medical cure which means they are as close as possible to their condition before the injury by this law.
Our law office in Houston tx offers legal representation for cases involving maritime injuries by Andrew cobos is a Texas lawyer who represents clients after they have sustained work related injuries or illness.
After a serious accident you might incur an array of different costs. These costs have an immediate impact on your life. However, that impact can last for years to come often these immediate effects are quite obvious there are inability to work , Expensive bills, pain and suffering Rehabilitation.