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We Serve Injured Maritime Workers Nationwide. Offices in Texas & Louisiana.
Just like 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 working to protect injured seamen through general maritime law. Maritime law gives workers who have been injured offshore or in the maritime industry the chance to claim necessary compensation for any suffering of medical complications.
HOUSTON MARITIME ATTORNEY
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 waters. The law’s roots can be traced back to the unwritten customs of nautical behavior of the Egyptians and Greeks. However, the earliest formal codes were established around 900 BC on the Greek island of Rhodes. The original maritime laws and codes stemmed from the ancient customs and rules of shipping. For example, the Doctrine of General Average—the concept that all sea cargo stakeholders (owner, shipper, etc.) evenly share any damage or losses that may occur as a result of a voluntary sacrifice of part of the vessel or cargo to save the whole—can be traced back to the early shipping customs of the Rhodians.
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 U.S. judicial system is based on the British system, amended admiralty laws were gradually incorporated into our legal system soon after the constitution was ratified.
General maritime law is 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.
The following acts are foundational to maritime law:
When Does Maritime Law Apply?
Perhaps most obviously, maritime law applies to events that occur on high seas—in other words, accidents that happen beyond the territorial waters of any country. Furthermore, maritime law applies to the territorial sea, which are waters within 12 miles of the shore. However, the law’s applicability becomes less clear further inland. Early in the United States’ history, maritime law did not apply to incidents that occurred within the “body of the country” and therefore excluded incidents involving the Great Lakes and nontidal inland waterways. However, throughout the 19th century, this exclusion eroded away.
Maritime law is now applied to “navigable waters.” A waterway is deemed navigable if by itself, or by uniting with other waters, it can serve as a “continued highway over which commerce is or may be carried on with other States or foreign countries.” Consequently, if a body of water is completely landlocked within a single state, then it is not navigable for purposes of admiralty jurisdiction. However, a body of water doesn’t need to flow between states to be deemed navigable. A body of water may be deemed navigable if it is a link in a chain of bodies of water that can be used to service interstate commerce. Ultimately, the test is that the commerce of one state must be capable of being carried into another state or a foreign country. Once this test has been passed, it is likely that maritime law will be applicable, even if it is a recreational vessel.
Incidents That Require Texas Maritime Accident Attorneys
Houston maritime injury attorneys exist to help injured seamen or dock workers get the compensation they need to recover from serious injuries and afford long-term medical costs that occurred offshore. That includes any accidents that occur on “navigable waters” (rivers and ocean) and in harbors or docks.
One notable aspect of maritime accidents is that they’re often devastating. Offshore oil rig explosions cause significant damages, vessel collisions are frequently catastrophic, and oil platforms can unfairly change the lives of workers. Maritime lawyers fight to help workers recover the compensation they deserve, whether they’re suffering after a major explosion or have injuries caused by unsafe working conditions.
Our maritime attorneys represented more crew members of the Deepwater Horizon and the El Faro than any other law firm. We not only understand maritime law but the practices and culture of maritime employers. Speak with us to discuss your case so we can go over your legal and financial options.
The Basics of Maritime Law
Maritime law is derived from many sources: federal statutes and general maritime law being two of the most prominent. These sources provide some of the maritime doctrines that are commonly used in cases involving vessels and their passengers and crew.
Maritime law sets forth many of the basic legal tenets associated with the sea and seamen, including:
The Basics of Maritime Law
Maritime law is derived from many sources: federal statutes and general maritime law being two of the most prominent. These sources provide some of the maritime doctrines that are commonly used in cases involving vessels and their passengers and crew.
Maritime law sets forth many of the basic legal tenets associated with the sea and seamen, including:
Jurisdiction in Maritime Law Cases
In the U.S., 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 case, the court is required to apply admiralty or maritime law rather than its state law.
How Does Maritime Law Provide for Hurt Workers?
Without maritime law, injured seamen would be left on their own to counteract the suffering they sustained while working. Anytime a ship employee becomes injured or sick, the vessel owner is required to reimburse their losses. 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 shipowner owes any seaman aboard their vessel. Seamen 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.