maritime law Tag

3 Facts You Should Know About the Jones Act.

The Merchant Marine Act of 1920, more commonly known as the Jones Act , is the foundational federal law that governs the maritime industry in the United States. While lots of laws can be complicated and confusing, admiralty law or maritime law is in a class by itself.  Maritime law has its own substantive and procedural rules that are separate and distinct from common law and it takes years to master its nuances. However, it has some basic concepts as well. Here are 3 things that you should know about the Jones Act. Only a Seaman Can Sue His Employer for...

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Are You Eligible Under the Longshore and Harbor Workers’ Compensation Act (LHWCA) for Compensation for Your Shipyard Injury?

You can probably recite the articles of the Constitution that give you the right to not incriminate yourself, the right to free speech, or the right to bear arms, but how about the constitutional article that dictates which law (federal or state) governs maritime (“admiralty”) cases? Give up? It’s Article III of the Constitution. Article III gives the federal court original jurisdiction over all cases of admiralty or maritime law. As far back as 1789, Congress granted to the district courts exclusive original jurisdiction in civil cases in admiralty and maritime matters. Why not give that power to the state courts? Because maritime suits often...

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Why You Need to Act Under the Jones Act if You Are an Injured Riverboat or Offshore Oil Rig Crewmember.

If you work on land and are injured during the course of your employment, in exchange for waiving your right to sue your employer for negligence, you can recover for your lost wages and medical expenses through the workers’ compensation provided by your employer. State workers' compensation statutes are intended to eliminate the need for litigation, by having the employee give up his/her potential claim for pain-and-suffering awards, in exchange for not having to prove that his/her employer was negligent. But, what if you don’t have a land-based job? What if you work in Louisiana’s maritime industry? Then you will need to look...

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The Number One Most Common and Dangerous Cause of Maritime Accidents Whether at Sea or During Dry Dock.

On a boat, surrounded by water, you might not think that this would be the number one killer of sailors and seamen, but it is. No, it’s not being washed overboard, or falling from a height or getting caught up in the cables. It’s fire. Fires Onboard. Whether out to sea or in dry dock, the most common cause of fatalities and significant damage to the ship’s property is a fire. Fires can start in a number of ways. Engine Rooms, Fires and Explosions. The most vulnerable part of any ship when it comes to fire is the ship’s engine room. Engine-room fires are common because of...

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