Define: Maritime Law

Maritime law, also known as admiralty law, is a specialised area of law that governs activities and disputes that occur on navigable waters. It encompasses a wide range of legal matters related to maritime commerce, navigation, and marine activities, including shipping, marine insurance, salvage, maritime pollution, and international trade. Maritime law is unique in that it involves a combination of domestic laws, international treaties, and customary practices to regulate activities on the high seas and other waterways. It addresses issues such as vessel ownership and registration, maritime contracts, liability for maritime accidents, and the resolution of disputes arising from maritime activities. Due to the international nature of maritime trade and transportation, maritime law plays a crucial role in facilitating global commerce and ensuring the safe and efficient operation of maritime activities worldwide.

The hazards present in maritime work are many and include exposure to toxic chemicals, heavy machinery, explosions, and drowning. Several sea and inter-coastal employees are severely injured or even killed every year due to these hazards. Although land-based work injury laws such as workers’ compensation do not apply to maritime accident injury cases, there is a specific branch of statutes falling under maritime law that protect the rights of workers who have been injured while working on a floating water vessel.

Laws which Cover Maritime Workers

There are two categories of workers which maritime law recognises: seamen and other maritime workers. Each category is accorded its own set of laws. Seamen include ship crew members such as captains, deckhands, dredge workers, and cruise ship employees. If a seaman suffers an injury while on the job, he or she can file a claim under The Jones Act and general maritime law in addition to an unseaworthiness claim.

• General Maritime Law: Seamen do not have to prove fault to receive “maintenance and cure.” They are entitled to compensation for the costs of their room and board along with their medical expenses. They may receive payments for their medical expenses until a doctor deems further treatment unnecessary.
• Jones Act: Unlike workers’ comp, the federal statute allows seamen to sue their employers for damages including medical care, loss of wages, and pain and suffering. However, it must first be established that an employer’s negligence led to the seaman’s injury.
• Unseaworthiness: An employer can be held liable for a seaman’s injuries if the pertinent sea vessel is determined to be unseaworthy. There are many reasons for a vessel to be deemed unseaworthy and they include inadequate crew, improper training of the crew, worn or old equipment, slippery or messy decks, the absence of safety gear, and more.

The Longshore and Harbor Workers’ Compensation Act covers longshoremen, harbor workers, and other maritime workers who are not seamen. Injured workers who fall under this law are entitled to compensation for the costs of medical care, lost wages, and other damages. They are not required to prove fault; however, a claimant must file with the employer a written notice of injury in a timely fashion. A report of earnings may also be required.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.