Texas Maritime Attorney
Kirkpatrick Law is an experienced Texas maritime lawyer. He has won clients large awards. When a maritime accident occurs, you need an attorney with experience. If you are injured at sea, you can be left navigating through a lot of complex laws. It is difficult to understand the laws that can help you get the benefits and compensation you need to recover after a maritime injury.
Eric Kirkpatrick has experience with cases involving broad areas of maritime law. He has experience with the Jones Act claims, Longshoremen and Harbor Workers Compensation Act, Death on the High Seas Act (DOHSA), and the Outer Continental Shelf Lands Act (OCSLA). If you or a loved one have been injured offshore, you need an experienced maritime lawyer. Contact Kirkpatrick Law today!
Table Of Contents
What Is The Maritime Law Jurisdiction?
Based on Title 28 of the United States Code, many maritime injury cases are held in either state or federal courts. This is a change from the previous jurisdiction that held all cases in federal court. The one exception is cases that involve maritime property, this must be tried in federal court. The key here is that when a case is heard in state court, they must apply maritime law versus state law.
How Does Maritime Law Work?
Maritime Law is the foundation of the legal tenants that govern the sea and maritime workers. These are the laws that help maritime lawyers hold negligent parties accountable. This includes the following:
- Shipowners must provide reasonable care to their workers and passengers.
- Seaman and creditors owed wages have the right to have a Maritime Lien against a vessel.
- Rescuers have the right to claim a maritime salvage award when they recover lost property at sea.
When negligence results in the injury of a passenger, that passenger has the right to bring a lawsuit against the shipowner.
Who is considered a seaman?
Often, maritime law revolves around determining who a seaman is based on the Jones Act. This is because the Jones Act affects the rights and remedies available to an injured person.
- The basis of the Jones Act is that a seaman is a worker who spends a significant portion of time working on a vessel that is “in navigation.” This definition may not seem complicated. However, interpreting the law is complex and fills treatises.
- This law is very complicated. The best option is to talk to a Texas maritime attorney to understand your legal options. However, here are a few basic rules of thumb.
- A “vessel in navigation” means a watercraft or any type of machinery intended for use in navigable waters. It can be a commercial fishing vessel or offshore rig service boat. Other vessels are also considered. It is best to talk to a maritime law attorney.
- How the worker contributes to the vessel: Not every worker on a vessel in navigation is considered a seaman. To be considered a seaman, you must directly contribute to the goal of a vessel in terms of navigation. For example, a ship’s mate contributing to the vessel’s operations at sea would be more likely to qualify as a Jones Act seaman than a land-based consultant for a shipping company.
- A significant amount of time: In order to qualify as a seaman under the Jones Act, some courts have imposed a rule of thumb that a worker must spend at least 30% of their time on a specific vessel or a specific fleet of vessels.
Your best bet is to contact a maritime attorney if you have been injured in a maritime accident. An injury at sea law is complicated. You need an experienced attorney to help you navigate the sea of laws.
What’s the difference between Maritime Law, Admiralty Law, and Law of the Sea?
Eric Kirkpatrick dives into the nuanced world of laws governing our waters, elucidating the distinctions and overlaps between Maritime Law, Admiralty Law, and the Law of the Sea. These terms, often used interchangeably, encapsulate different facets of legal regulation across the world’s oceans and waterways. Understanding their differences is essential for professionals navigating legal challenges in maritime contexts.
Admiralty Law
Admiralty Law, deeply rooted in historical practices and jurisdictions, primarily governs legal disputes and procedures that originate from activities conducted on navigable waters. Traditionally, admiralty law was concerned with issues arising directly from shipping and naval operations, including maritime contracts, torts, injuries, and offences. It’s a body of law that ensures the regulation of maritime conduct, providing a framework for adjudicating disputes related to maritime accidents, shipping, and seafarer’s rights. Admiralty cases can be heard in specialized courts, emphasizing the unique nature of maritime legal issues.
Maritime Law
While often used synonymously with Admiralty Law, Maritime Law has evolved to encompass a broader scope of regulations and standards governing maritime activities. This area of law still deals with traditional admiralty issues like shipping and navigation but extends further to include maritime commerce, marine navigation, sailors, maritime workers, and the transportation of passengers and goods by sea. Maritime Law also integrates international agreements and conventions to standardize practices across international waters, thus bridging local and global maritime operations.
Law of the Sea
Expanding the scope even further, the Law of the Sea is an international framework established to regulate all aspects of ocean space, including the delimitation of maritime boundaries, environmental control, marine scientific research, economic and commercial activities, transfer of technology, and the peaceful use of the seas. This body of law, largely codified by the United Nations Convention on the Law of the Sea (UNCLOS), aims to balance the interests of coastal nations with the need to protect and preserve the marine environment and ensure the equitable and efficient utilization of marine resources.
Distinct Roles in a Converging World
The distinctions between Admiralty Law, Maritime Law, and the Law of the Sea illuminate the layered complexity of legal governance over maritime activities. While Admiralty and Maritime Laws often deal with enforcement, litigation, and procedural nuances on a national scale, the Law of the Sea provides an overarching international legal framework to guide global maritime interactions.
In navigating these waters, professionals and stakeholders require nuanced legal expertise and understanding. Eric Kirkpatrick emphasizes the importance of comprehensive legal guidance when addressing the multifaceted challenges presented by the intersection of these laws. His commitment to providing specialized legal advice ensures that clients involved in maritime and admiralty matters are skillfully navigated through the intricate legal specifications and protections afforded by each of these distinct yet interrelated areas of law.
The Jones Act
The Jones Act attained its name after its sponsor, Senator Wesley R. Jones. It was created as part of the Merchant Marine Act of 1920.
This federal law gives seamen who were injured on a vessel the right to sue their employer for negligence damages. Under the Jones Act, a maritime employer has a duty to provide the seaman with a reasonably safe place to work. The employer must use ordinary care to maintain and keep the vessel on which the seaman works in a safe condition.
The Jones Act imposes strict requirements on employers. Almost any unsafe condition on a ship can lead to Jones Act liability. An employer may be held liable under the Jones Act for such unsafe conditions as:
- Oil or grease on a deck
- maintained equipment
- Failure to give seamen the proper equipment to allow them to do their work
- A failure to adequately train their crew
- Failure to require the crew to abide by safe work methods
Death on the High Seas Act (DOHSA)
The Death on the High Seas Act (DOHSA) is a United States federal law enacted in 1920, designed to provide compensation to families of seamen who lose their lives as a result of maritime accidents occurring on the high seas. Specifically, it applies to fatalities that happen beyond three nautical miles from the shore of any state. DOHSA allows the surviving family members—such as spouses, children, or dependents—of the deceased to seek compensation for financial losses that result directly from the death. This includes loss of support, care, and companionship.
The act initially aimed to fill the legislative gap for wrongful death claims not covered by state laws or other federal statutes like the Jones Act. Its scope covers various types of maritime incidents, including those involving commercial shipping, offshore oil and gas operations, and, in certain cases, commercial aviation accidents over international waters. However, it’s important to note that DOHSA focuses on pecuniary damages and does not allow for the recovery of non-economic damages, such as pain and suffering or emotional distress.
Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a critical United States federal law enacted in 1927, aimed at providing compensation and medical benefits to maritime workers who are injured or contract diseases in the course of their employment on navigable waters or adjacent areas used for vessel loading, repair, or construction. Here are the key aspects of the LHWCA:
Coverage: It applies primarily to non-seaman maritime workers, including longshoremen, harbor workers, and shipbuilders, specifically excluding seamen (covered by the Jones Act), government employees, and employees already covered by state workers’ compensation laws.
Benefits: Eligible workers receive compensation for lost wages, medical treatment for job-related injuries or illnesses, rehabilitation costs, and survivor benefits for dependents in the case of work-related death, with compensation typically set at two-thirds of the worker’s average weekly wage within set limits.
Employer Requirements: Covered employers must either insure their liability through a third party or obtain authorization as self-insured entities to guarantee the availability of compensation as mandated by the LHWCA.
By providing a specialized framework for the compensation of maritime workers outside the scope of traditional seamen and land-based employees, the LHWCA plays a vital role in safeguarding the welfare of key personnel within the maritime industry.
Outer Continental Shelf Lands Act
The Outer Continental Shelf Lands Act (OCSLA) is a United States federal law enacted in 1953, designed to govern the exploration, development, and production of mineral resources on the Outer Continental Shelf (OCS). The OCS refers to all submerged lands lying seaward of state coastal waters (3 miles offshore) which are under U.S. jurisdiction. Here are the crucial aspects of OCSLA:
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Jurisdiction and Administration: OCSLA grants the federal government exclusive jurisdiction over the OCS and authorizes the Department of the Interior to oversee oil, gas, and other mineral exploration and development activities in these areas.
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Leasing and Environmental Safeguards: The Act establishes a structured leasing process for mineral resources on the OCS, including provisions for competitive bidding. It also incorporates environmental considerations, requiring the assessment of potential environmental impacts before any exploration or development can proceed.
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Safety and Worker Protections: OCSLA extends certain U.S. laws to the installations and other devices on the OCS, including laws related to workplace safety and environmental protection, ensuring that workers and the environment are safeguarded during OCS operations.
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Revenue Sharing: The Act includes provisions for the sharing of revenues generated from OCS mineral resource activities between the federal government and the states.
OCSLA plays a critical role in balancing the nation’s energy needs with environmental protection and safety considerations, effectively regulating the extraction of offshore resources while contributing to U.S. energy security.
Injured While Working Offshore? Know Your Rights
Maritime law obligates employers to provide maintenance and cure to injured or ill offshore workers. This support is akin to workers’ compensation for seafarers, with a key difference: if there’s any uncertainty in claims, the law favors the injured seamen over their employers. This benefit is crucial for those facing the hazards of open-water work.
Breakdown of maintenance and cure: Maintenance covers the daily costs and lost income of an injured worker, while cure includes the medical expenses needed for recovery.
These benefits continue until the worker can return to duty or reaches maximum medical improvement (MMI), meaning they have recovered as fully as expected.
Maritime Injury Claim Deadlines
Timely action is critical after a maritime injury, as personal injury and maritime laws each have specific time frames for filing claims. The Jones Act allows injured seamen three years from the injury date, while general Texas personal injury cases limit claims to within two years. If your claim involves a government entity, urgent action is required due to possibly accelerated deadlines.
Missing these statutes of limitations bars you from compensation. It’s imperative to consult with a specialized attorney, such as Eric Kirkpatrick, promptly after an offshore mishap. A knowledgeable legal advisor can effectively navigate your maritime injury claim, ensuring you get the right compensation.
Contact Kirkpatrick Law
When facing the aftermath of an injury at sea, having the right legal counsel can make all the difference in navigating the intricate web of maritime law. Kirkpatrick Law has a breadth of experience and a proven track record in maritime litigation. Understanding the complexities of the law is just the first step; at Kirkpatrick Law, we not only grasp the subtle details but are committed to clarifying your legal avenues and fighting for your rights. For personalized, expert representation that ensures your case is handled with the utmost care, reach out to Eric Kirkpatrick. Call us at (713) 893-0305 or connect with us online for a complimentary consultation. Choose a champion who stands with you at sea and in the courtroom. Choose Kirkpatrick Law.
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