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MARITIME LAW
by Heidi Turner
Maritime Law is a very complex set of regulations that govern an individual’s or organization’s actions while at sea. The law covers a wide variety of vessels, including cruise ships, commercial ships, tugboats and personal watercraft, as well as individuals such as cruise ship workers, longshoremen and dockworkers. Furthermore, it covers varied situations including accidental injury, catastrophic injury, cruise ship illness, employee’s rights, and harassment. Maritime law is designed to protect both workers and passengers.
While at sea, crew workers and passengers alike are at a risk of injury, especially given the unstable nature of water. Injuries that commonly occur at sea include slip-and-fall injuries, knock-down injuries and ladder injuries. People can be injured suddenly and unexpectedly at sea and such injuries can be devastating.
Under Maritime Law the owner and/or operator of a vessel is required to provide a vessel that is seaworthy, meaning that it is reasonably fit for its purposes. If the unseaworthiness of a vessel has played a part in a person’s injuries, the owner and/or operator of the vessel can be liable for those injuries.
Maritime Law also allows employees who are injured as the result of an employer’s or co-worker’s negligence to file a negligence complaint against their employer. However, negligence on the part of the employer does not need to be proven in order for employees to be eligible for maintenance and cure, both of which must be paid by an employer if an employee becomes ill or injured while working.
Maintenance refers to a daily rate that replaces the living expenses that the employee has while on the vessel. Cure refers to the employer’s duty to pay the employee’s medical expenses associated with the injury or illness. Depending on the circumstances of the accident, the employee could be eligible for compensation and damages beyond maintenance and cure. For example, employees who work in a setting in which gratuities are customary may include any lost gratuities in their lost wages if an injury or illness prevents them from working.
Maritime lawyers are experienced at handling the complexities of such cases. They are familiar with Maritime Law (also known as Admiralty Law) and can deal with issues such as jurisdiction and international regulations, which may come into play depending on where the injury occurred and where the ship originated from. Experienced maritime lawyers can ensure evidence is properly preserved and can help injured workers to receive the compensation they deserve.
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