Maritime law is different from regular personal injury law. A different set of laws may apply if your injury involved water, a vessel, or other maritime activity. In many instances, these laws can be more favorable for you, but only if your lawyer recognizes that opportunity. 

Two main factors determine whether maritime law applies: (1) where you were hurt, and (2) what you were doing when you were hurt.

Generally, the injury must occur over or near navigable waters. For example, a boat collision on a landlocked lake typically will not involve maritime law, while the same collision on a waterway connected to the sea likely will.  In some situations, injuries that occur on land may still fall under maritime law.  Just because an injury happens over or near water does not mean that maritime law automatically applies.

What you were doing at the time of the injury also determines which law applies and what claims are available. If the location requirement is met, general maritime law may apply unless you fall into one of the categories below. Examples include injuries caused by vessel collisions, wakes, improperly marked obstructions, and other hazards on the water.

If you work as a crew member on a vessel, you may qualify as a seaman. Seamen are afforded special protections and have unique remedies, including the ability to bring a claim against their employer for negligence, something most workers are not allowed to do under land based law.  Further, vessel crew members can generally bring actions against parties other than their employers for negligence under general maritime law.

If you are not a seaman but work around vessels, such as a longshoreman or ship repair worker, you are generally entitled to workers’ compensation benefits from your employer. However, if parties other than your employer caused you to be injured, you may have remedies other than workers’ compensation, including general maritime law negligence claims. 

There are many special situations that may apply if you do not fit into the categories above. These can include oil and gas workers, ship pilots, workers aboard foreign vessels, and injuries occurring outside the waters of the United States. These cases can be complex and require careful legal analysis.

Pursuing the wrong legal framework can limit your recovery. The difference often comes down to the lawyers you hire to help you.  Sorrels Law has lawyers with the skills, knowledge and experience in this area to ensure you are fully compensated in these situations. 

Sorrels Law represents individuals and business who have been injured by the wrongful acts of others. Whether it involves a physical injury, personal injury, wrongful death, product failure, fire, explosion, medical malpractice, breach of contract, fraud, business theft or business disputes, call the lawyers at Sorrels Law at 713-496-1100. Or email at Help@SorrelsLaw.com. The Sorrels Law website address is www.SorrelsLaw.com.