If you are a vessel owner, dockworker, or otherwise involved in the shipping and maritime industries, you already know that your job involves considerable risk of injury. Understanding which laws cover your situation and when maritime laws apply can help you better understand your options if you are injured on the job.
An experienced Houston maritime injury lawyer can help you assert your rights after an accident, especially if it was caused by another party’s negligence.
At Havens & Associates, we represent injured maritime workers in various matters. We can explain the difference between marine and maritime laws and which ones apply in your case.
What is maritime law?
Maritime law isn’t just one single law; in the U.S. and internationally, it has developed over centuries based on rules and customs in shipping and sea transport. It covers a broad range of incidents that can happen on the high seas, such as:
- Compensation and healthcare for injured seamen (referred to as Maintenance and Cure)
- Deaths at sea
- Negligence and liability on the part of shipowners and operators
- How passengers and cargo are moved through U.S. ports
- Licensing and registration for U.S. vessels
Many of these issues have been codified into a few specific statutes that may apply in your case:
- The Merchant Marine Act of 1928: Also known as The Jones Act, this statute permits injured seamen to file suit for compensatory damages against a negligent ship owner, operator, or operator of an offshore oil rig.
- The Longshore and Harbor Workers’ Compensation Act (LHWCA): The LHWCA grants permissions similar to The Jones Act, permitting non-sailors such as dockworkers and those involved in maritime work to demand compensation after a workplace injury.
- The Death on the High Seas Act (DOHSA): Certain relatives of someone who perishes at sea are permitted to file a suit for damages against their loved one’s employer to cover funeral and burial expenses, loss of emotional support and care, and loss of financial support provided by the deceased
- The Outer Continental Shelf Lands Act (OCSLA): This statute covers injuries that happen to workers in certain designated offshore areas. It may affect certain aspects of your claim, such as the statute of limitations for filing a lawsuit for compensatory damages.
What is marine law?
Marine Law, also known as the Law of the Sea, addresses how nations interact with one another in maritime situations. Like maritime law, it has developed over time according to customs and rules of the sea and has been formally codified.
In 1994, the United Nations condensed common rules of the sea into a single governing understanding.
The United Nations Convention on the Law of the Sea (UNCLOS) governs the following:
- Which countries have navigational rights in the territorial waters of another country, both commercial and military. Military vessels must adhere to the doctrine of “innocent passage” and not cause problems while in another country’s territorial waters.
- Which country owns natural resources, established by the UN’s Exclusive Economic Zone (EEZ), extending up to 200 nautical miles for each country.
- Jurisdiction over coastal waters, extending to 12 nautical miles from the shore.
If you suffered harm in international waters or another country’s territorial waters, your case could quickly become complicated. The Law of the Sea may affect your claim if you bring a case to a U.S. state or federal court.
Differences between marine law and maritime law
The primary difference between maritime and marine law is where each applies.
Maritime law, also called U.S. Admiralty Law, only applies in the U.S. Navigable Waters and domestic ports. Marine law, used by the UN countries who have ratified UNCLOS, applies to the signing countries’ waters. UNCLOS does not apply in personal injury cases tried under federal or state law in the U.S.
The other main difference between marine law and maritime law is the issues each set of laws covers.
The Law of the Sea governs the behavior of the participating countries while vessels are in the territorial waters of outer countries. It addresses permissions granted for commercial and military vessels to travel through the navigable waters of other countries and what behaviors aren’t permitted.
It does not cover the personal injury rights of people injured in international waters. However, depending on the country whose waters you are in, you may have recourse under their laws.
On the other hand, Maritime law addresses the conditions under which someone injured at sea or in the maritime industry may sue a negligent person or entity who caused their injuries.
| Marine law | Maritime law |
| Applies to the waters of all countries that have ratified the United Nations Convention on the Law of the Sea (UNCLOS). | Only applies in U.S. Navigable Waters and domestic ports. |
| Governs the actions and permissions of participating countries for commercial and military vessels when operating within the territorial waters of other nations. | Covers personal injury rights of people injured at sea. |
Legal advice for maritime injuries
If you have been injured at sea or as a maritime worker, you have certain rights to seek recourse for your losses. A Houston maritime law attorney from Havens & Associates can evaluate your case and determine which laws cover you.
Contact us today at (713) 955-2215 for a free consultation.
