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Maritime Law

Maritime Law

Maritime law, also known as admiralty law, is the area of law that governs navigation and shipping. Differing from workers compensation laws, maritime law is specific to seamen, longshoremen and other workers on the seas. Employers are required to maintain a reasonably safe working condition and are liable for the negligence of any of its unsafe conditions, officers, agents or employees.

Parker Waichman LLP, LLP represents clients whose injuries fall  under specific maritime laws including: Jones Act, Longshore and Harbor Workers' Compensation Act (LHWCA), Death on the High Seas Act (DOHSA) and Unseaworthiness Claims. If you were injured and need the help of an experienced maritime lawyer, contact Parker & Waichman, LLP tfor a free lawsuit case consultation.

Jones Act Cases

The Jones Act governs the liability of vessel operators & marine employers for the work-related injury or death of an employee. The Jones Act permits seamen who have been injured by the negligence of their employers or co-workers while working on the vessel to seek compensation for both past and future economic and non-economic losses. The Jones Act is a federal law meant to ensure that all seamen's injuries throughout the nation would be guided by the same liability standards. While the Jones Act is intended to protect seamen it differs significantly from workers' compensation laws. Unlike workers’ compensation, the Jones Act does not require payment regardless of fault. Injured seaman can only win recovery if they prove their injury was the result of negligence by the vessel's owners, operators, officers, or co-workers fellow employees or by a defect in the vessel or its equipment. An employer may be held liable for failing to provide an injured worker adequate medical care. In addition to the employer, a seaman can file suit against a vessel’s owner claiming the vessel was unseaworthy.

Longshore and Harbor Workers' Compensation Act (LHWCA) Cases

The Longshore and Harbor Workers' Compensation Act or LHWCA provides protection to maritime workers who are injured on navigable waters. This act was created to fill the gap between the Jones Act and state worker’s compensation laws. While the Jones Act provides protection to seamen and state workers' compensation laws only apply to injuries that occur in a particular state, the Longshore and Harbor Workers' Compensation Act provides protection to non-seamen who are injured on navigable water.

Compensation for injuries covered by the Longshore and Harbor Workers' Compensation Act is administered by the Federal Department of Labor. Injured workers who qualify for coverage under LHWCA are entitled to disability benefits. Under the Longshore and Harbor Workers' Compensation Act an injured person’s right to benefits is not contingent on proving the employer was at fault for the employee’s injuries. This differs from the Jones Act which requires the injured seaman to prove negligence or fault.

Free Lawsuit Consultation
If you have been injured at sea contact Parker Waichman LLP, LLP today to have an experienced maritime attorney evaluate your case for free. Our maritime lawyers will determine if your case falls under the Jones Act, LHWCA or other admiralty laws. Complete the contact form on this page to have your case evaluated today.

Maritime LawRSS Feed

Company says human error caused ship tilt

Jul 26, 2006 | Florida Today
Princess Cruises said Tuesday that "human error" caused the Crown Princess to sharply list last week after leaving Port Canaveral, injuring several hundred people. The company also said crew members have been reassigned as a result of the July 18 incident. The statement from the California-based cruise line comes as the cause of the accident remains under investigation by the U.S. Coast Guard, the National Transportation Safety Board and Bermuda-flag authorities. "It would...

Cruise ship accident blamed on human error

Jul 26, 2006 | Miami Herald
The headline-grabbing tilt that injured 240 people aboard the Crown Princess last week was caused by human error, not a mechanical problem with the ship, Princess Cruises said in a letter to passengers that seeks to ease concerns about a possible repeat. The letter, signed by President Alan Buckelew, states that U.S. authorities continue to investigate the July 18 incident, and therefore it's too soon to comment in any detail about what went wrong. ''However,'' Buckelew said, ``we can confirm...

Parker & Waichman, LLP Files Claims Against Carnival Corp. On Behalf of Five Passengers Injured After Crown Princess Cruise Ship Listed to the Right on July 18, 2006 - CCL

Jul 25, 2006 | PrimeZone
Parker & Waichman, LLP ( announced that it has filed claims against Carnival Corp. (NYSE:CCL) on behalf of five passengers who were injured on the Crown Princess cruise ship after the vessel listed between 15 and 38 degrees to the right. The passengers, who reside in New Jersey and Long Island, New York, were aboard the Crown Princess on July 18 when the ship departed from Canaveral, Florida for New York on the final leg of a nine-day Caribbean voyage. The victims...

Cruise Ship Crown Princess Tilt Blamed on 'Human Error'

Jul 25, 2006 |
Princess Cruise Lines has blamed "human error" for last week's unexpected heavy roll of the cruise ship Crown Princess, which resulted in injuries to 240 passengers and brought a terrifying end to the ship's Caribbean cruise. "We can confirm that the incident was due to human error and the appropriate personnel changes have been made," a Princess Cruise Lines statement said. While Princess declined to go into any additional detail, a spokesperson confirmed that the ship's...

Company blames cruise ship mishap on bridge officer's error

Jul 25, 2006 | South Florida Sun-Sentinel
The sudden lurch of the Crown Princess cruise ship last week that sent 94 passengers to the hospital was caused by a bridge officer's mistake, Princess Cruises said on Tuesday. Los Angeles-based Princess didn't specify the mistake, or add much detail, saying the incident is still under investigation by regulators. But in an open letter to passengers posted on the line's Web site, Princess President Alan Buckelew said human error was the cause of the incident. "The appropriate personnel...

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