Maritime Law Covers A Lot More Problems Than People Know
Few fields of law overlap other fields as much as maritime law does. While a maritime law attorney can help with an array of challenges associated with what we think of as high seas traffic, they also are often called upon to address highly specific matters ranging from environmental concerns to workers compensation suits. These three cases where a maritime attorney may be able to advise you might seem surprising.
Accidents and Injuries
Things get complicated enough when two vehicles collide on land and leave people hurt in circumstances where it's clear what rules apply, but imagine trying to figure out what nation's laws should even be used to resolve a matter. Accident and injury cases involving sea-going vehicles can take years to even arrive in court, as parties tend to want issues tried in jurisdictions they believe will be favorable to them. Insurance carriers will do the same thing, trying to establish that the rules governing a particular incident arise from whatever country or state would expect them to pay out the lowest amount. Having a maritime attorney present to sort these questions out can speed the process up significantly.
Workers' Compensation
In the United States, the Jones Act covers issues regarding seamen who are injured or killed in the line of work. For the injured party, this includes sorting out questions about whether the person is even classified as a seaman for the sake of receiving compensation.
If someone is classified as a seaman, they're not entitled to traditional workers' compensation, and they must instead use their employer under one of three separate principles. The first is negligence, and it covers most traditional workplace safety concerns. The second is unseaworthiness, a case where the injuries occurred because the boat was not suited to go out to sea. The third is maintenance and cure, a principle that maritime employers must cover an array of expenses for injured seamen regardless of fault, including living expenses, car payments, food, property taxes, and utility bills.
Environmental Laws
Putting a ship out to sea carries with it the risk that even minor incidents can lead to major environmental problems. An array of criminal and civil penalties can be applied in most developed countries, and that makes the question of where an incident occurred critical. Worse, an ongoing incident, such as an oil spill, may end up crossing jurisdictions into several states and countries.
For more information, contact a company like Strauss and King.
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