MARITIME LAW

Working on or near the water can be physically demanding and dangerous because there is always a risk of suffering a severe injury.

When a maritime worker suffers an injury, he or she may be able to pursue fair compensation under maritime laws. However, these laws are complex and difficult to navigate on your own.

WHY DO I NEED A NEW JERSEY MARITIME LAWYER?

You are free to pursue compensation for a maritime injury on your own. However, navigating the legal process alone can be stressful and confusing, particularly when you are dealing with a New Jersey personal injury.

This is one of the many reasons why it may be to your benefit to work with a reputable New Jersey maritime attorney. Here are some of the other reasons you should think about contacting an attorney after a maritime injury:

YOU NEED A STRONG ADVOCATE DURING THE LEGAL PROCESS

You will need to work with various parties as you pursue compensation for the injuries you suffered on the water, some of which may include your employer and its attorneys and insurance company if you are filing a claim under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Unfortunately, the only party that is focused on your best interests is you. While your employer and others will likely go through the process in good faith, they are not focused on ensuring you receive all of the compensation you deserve.

However, the New Jersey maritime lawyers at our firm will be singularly focused on your best interests and obtaining maximum compensation for your claim.  

AN ATTORNEY CAN HELP ACCURATELY VALUE YOUR CLAIM

Workplace injuries can have devastating effects on your life, creating long-term medical expenses, lost wages and emotional anguish.

If your injury was caused by another party’s negligence, you deserve compensation for all of the physical, financial and emotional damages you are dealing with.

Our experienced New Jersey maritime lawyers will know how to carefully review your claim to determine an accurate valuation based on all of the evidence. An attorney will also know how to document physical and emotional damages that do not have a specific monetary value attached to them.

AN ATTORNEY HAS DETAILED KNOWLEDGE OF RELEVANT LAWS

Making sense of the laws that apply to maritime injuries is very difficult when dealing with an injury. That is why having an attorney at your side with knowledge of these laws gives you a tremendous advantage.

The New Jersey maritime lawyers at our firm are well-versed in the laws that apply to these claims, including:

• Jones Act
• Longshore and Harbor Workers’ Compensation Act
• Death on the High Seas Act (DOHSA)

A LAWYER CAN HELP GUIDE YOU THROUGH THE ENTIRE LEGAL PROCESS

When you contact our firm, we will review your claim in a free legal consultation. If you have a claim and decide to proceed, we will explain the next steps you need to take to pursue compensation.

A New Jersey maritime attorney will be prepared to manage your claim from start to finish, including completing all required forms and ensuring they are submitted on time. If your claim is denied, your lawyer will be prepared to go through the appeal process to fight for your rights so you can focus on recovering from your injury.

TYPES OF MARITIME INJURY CASES

The New Jersey maritime lawyers at our firm are prepared to pursue claims for maritime workers covered by the Jones Act, DOHSA and the LWHCA. This includes claims that occur on:

Injuries that occur on these vessels or locations are covered by maritime laws, provided these vessels were on navigable waters when the injuries occurred. Navigable waters include:

JONES ACT

Your maritime injury claim will be governed by one of three maritime laws, depending on the circumstances of your injury.

The Jones Act, also known as the Merchant Marine Act, applies to workers who perform at least 30 percent of their jobs on seafaring vessels, including:

PROVING NEGLIGENCE

This law allows eligible employees to obtain compensation for injuries caused by the negligence of a coworker or their employer.

Examples of negligent acts that could make you eligible for compensation include:

Workers who file Jones Act claims have a much lower burden of proof than people who file personal injury claims. In a personal injury claim, you must prove the other party’s negligence was the main cause of your injury. However, the Jones Act simply requires you to show that the other party’s negligence played some role in your injury, no matter how small.

TYPES OF BENEFITS

The following types of benefits are available in a Jones Act claim:

• Medical expenses – This includes all reasonable and necessary medical expenses, both now and in the future. Examples could include physical therapy, nursing care and travel to out-of-town medical facilities.
• Lost wages – This provides compensation for wages lost after an injury and while you are receiving treatment.
• Lost earning capacity – This is compensation for future wages, health and insurance benefits, vacation time, retirement plans, and other benefits you are unable to earn because your injury caused a permanent disability that prevents you from returning to work. Many factors will be taken into account to determine how much compensation you receive, including age, gender and the number of years you likely would have worked if the injury had not occurred.
• Pain and suffering – You may be entitled to compensation for physical pain from your injury along with disfigurement and inability to perform physical activity. You may also be able to recover compensation for depression and other psychological problems that resulted from your injury.
• Funeral expenses – This applies to situations where the injury contributes to the worker’s death.
• Lost enjoyment of life – This is compensation for lost mobility, pain, lack of physical stamina, and other ailments that prevent the worker from enjoying leisure activities or spending time with friends, family or loved ones.

STATUTE OF LIMITATIONS FOR JONES ACT CLAIMS

You have three years from the date of the accident or injury to file a Jones Act claim. This is because of the three-year statute of limitations. If you fail to file within three years, you will lose the right to do so.

However, there are some situations where you might have more than three years from the date of the accident to file a claim. If you did not immediately discover the injury when the accident occurred, you have three years from the date you discovered it to file a claim.

LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT

This law applies to anyone engaged in a maritime occupation, if their job meets two criteria:

• A substantial amount of your work involves marine transport or the water. A truck driver who transports shipping containers from ships would qualify because his or her work involves marine transport, even though he or she does not work on the water.
• You work on, near or adjacent to navigable water. This includes those who work on piers, dry docks, terminals and places used for the loading, unloading or repair of a vessel.

This act excludes all workers who are covered by the Jones Act, along with:

• Individuals employed by a foreign government or the state or federal government
• Workers who were injured primarily due to intoxication
• Employees who were injured due to their own willful or intentional actions that were designed to harm themselves

The LHWCA is similar to workers’ compensation in that it provides compensation for injuries and diseases that arise in the course of employment. Negligence is not a factor in determining eligibility for compensation.

TYPES OF COMPENSATION

You may be eligible for various types of compensation from an LHWCA claim, including:

• Medical expenses – If your claim is approved, you are entitled to compensation for all medical expenses, including surgeries, hospital bills, assistive devices, testing, prescriptions and other medical costs.
• Temporary total disability – This is for employees who suffer an injury that temporarily prevents them from working. These employees receive two-thirds of their average weekly wage for as long as their injury keeps them from working.
• Temporary partial disability – This provides compensation for employees who must temporarily do a different job with the same company or a new company. This benefit is worth two-thirds of your lost earning capacity.
• Permanent total disability – This benefit is for employees who have a condition that is not expected to improve and prevents them from doing any type of job. If you are awarded this benefit, you will receive two-thirds of your average weekly wage for as long as you are disabled.
• Permanent partial disability – This is for workers with a permanent impairment that still allows them to perform some type of job, even if they have different responsibilities and fewer hours. Scheduled permanent partial disability (PPD) is for impairments in Section 8(c) of the LHWCA. Scheduled PPD provides employees with 66 and two-thirds percent of their average weekly wage for a certain number of weeks, depending on the disability. Unscheduled PPD is for injuries not listed in Section 8(c). Employees receive two-thirds of their lost earning capacity. 
• Vocational rehabilitation – If you receive compensation for a permanent disability but you are able to work and there are employment opportunities within driving distance of your home, you may be eligible for vocational rehabilitation. This could include job placement assistance, skills testing, counseling and accommodations that help you do the job you did before your injury.  

STATUTE OF LIMITATIONS

According to Section 913 of the LHWCA, there is a one-year statute of limitations on filing claims. This means you must file within one year of your injury. Family members have one year to file a claim over the death of a loved one.

The statute of limitations does not begin to run until the employee or beneficiary is aware, or should be aware by exercising reasonable diligence, that the injury or death is related to the individual’s job.

DEATH ON THE HIGH SEAS ACT

If an individual was killed because of a wrongful act, neglect or default that occurred on the high seas more than three miles from the shore of the U.S., his or her spouse, parent, child or dependent relative may file a claim under the Death on the High Seas Act (DOHSA).

Some of the most common examples of negligence that give relatives grounds for a DOHSA claim include:

TYPES OF COMPENSATION

There are many types of compensation you may be able to recover in a DOHSA claim, including:

CONTRIBUTORY NEGLIGENCE

There are some situations where the deceased individual’s own negligence contributed to his or her death. The DOHSA does not bar recovery for the contributory negligence of the decedent.

However, if you are awarded compensation, the amount will be reduced by the decedent’s percentage of fault for his or her death.

STATUTE OF LIMITATIONS

All DOHSA claims are governed by a three-year statute of limitations. This means a claim must be filed within three years of the decedent’s death.

CRUISE SHIP INDUSTRY PRACTICES 

CRUISE SHIPS ARE NOT GOOD FOR THE OCEAN AND ENVIRONMENT.  Last 30 years  the industry has been polluting and dumping thousands of times.  The Cruise ship industry has paid fines over 100 million dollars  and that is just illegal dump and that is just illegal dumping. Legal dumping– they are allowed to dump== CLEANING PRODUCTS, ANIMAL CARCASS, CARGO RESIDUE and FOOD WASTE. 

EMISSIONS—-it is like moving a FLOATING CITY–Cruise ships burn a lot of FUEL.–actually burn 4 times more C02 than jets. 

THERE ARE OTHER KIND OF POLLUTANTS BEYOND CO2–THIS IS THE CAUSE OF ACID RAIN–  CARNIVAL RELEASES MORE SULFUR DIOXIDE HIDDEN OXIDE THAN ALL OF EUROPE’S CARS. which is 260 million cars output

THAT IS JUST ONE TYPE OF GAS FROM  ONE CRUISE LINE ON ONE CONTINENT –DO THE MATH.

THEN THERE IS THE FINE PRINT ON THE TICKET

In order to enter the ship you are on notice and agree to the terms printed on the ticket.

The language fine print that most of us never read by the way.

Carnival says  on the ticket and by you entering the ship the language says:

                         They can enter and  search your room with or without notice 

In a normal hotel it would not be  valid — In hotels you have some degree of privacy  but you have no 4th Amendment rights at Sea.

Royal Caribbean Cruise ticket language says it:

                          Can lock you in the room by confining you to your room  and it states 

                         If you are detrimental to yourself or the health, welfare,

                        comfort or enjoyment others 

Meanwhile. The Norwegian ticket language states:

 By entering the ship you agree that Norwegian will not liable be held liable for any damages arising from :

1.  Revolution 
2.  Rebellion 
3.  Insurrection
4.  Revolt of the crew or
5.  Perils of the sea

Whatever perils of the sea are.  This leaves room for interpretation.

UNFAIR LABOR LAWS

The Filipino workers are overworked and underpaid and have no legal protections

They work 70 to 90 hours week.  

There pay is $500 per month. It is basically $1.80 per hour. 

They get paid no overtime rate  

The entire cruise ship industry is built on these unfair and illegal labor practices and it would be a lawsuit here in the USA.   But international waters it is a complicated situation.

1/3 of  all cruise ship employees are Filipinos and you probably did not realize this. 

There is a strategic reason why the industry likes hiring them.

1,   Cruise ships can get away with exploiting them and paying less   

2,  Legal reason–avoid lawsuits

The Philippine government bars its citizen that work on cruise ships from suing like you and I could if we were hurt while at work.  No workers compensation rights at all.  This process is a complicated yet simple system,

If a Filipino worker is hurt while working on a cruise ship. Their government forces them to accept low payment based on which body part.

These are Real numbers 

Lose their ear it is worth– $5,226. 

Ring finger is  $3,200 

Paralyzed in both legs  $60,000

Filipino workers face low wages, long work hours, and disgusting work environment and they have no recourse.

And it’s all legal because of  MARITIME LAW  and it lets cruise lines play by their own rules.  The high seas become the wild west.

A cruise ship can get away with exploiting their workers because of the maritime law called flying a flag of convenience  

Think of how you register the car you own in a state.

However, cruise lines  have to register their ships in a country and they get to pick which country.  

And as a bonus they get to avoid tax laws, avoid labor laws, avoid safety regulations that  protect you and me and they get to follow that countries laws. 

Royal Carribean, Norwegian and Carnival have their offices in Miami.  Carnival registers its ship in Panama to use Panamanian law.  Royal and Norwegian registers its ships in the Bahamas.  90 percent of ships fly foreign flags to escape the laws and save themselves billions in wages and fines  and taxes.  In the last 3 years carnival made more than  9  billion income paid less than  2 percent in taxes. Remember their executives are in Miami and make all decisions in MIAMI  yet somehow—legally the company is in  Panama—essentially—each boat–floating swiss bank account,

FLAGS OF CONVENIENCE MARITIME LAW HURTS PASSENGERS WHEN A CRIME IS COMMITTED AGAINST THEM

When it comes to crime,  Carnival leaves Miami and for…

• The first 9 miles are technically in FLORIDA_-Florida law and Florida jurisdiction.
• Then from 9-12 miles out of the coastline it becomes Federal waters so the FBI has jurisdiction.
• Anything from 12 miles out is International waters—Law of the High Seas–but since on Panamanian flag ship—legally in  Panama when out to sea.

A CRIME AT SEA CAN GO UNPUNISHED AT TIMES

In the past a woman was assaulted—she reported it to onboard security  and to police when the shop docked in Puerto Rico.

The police told her they had no jurisdiction– by that time then the man was off ship—no crime ever occurred as it was never documented.  If happened in the USA–the person would have been arrested.  Getting away with crime is easier when committed on a cruise ship –because of how maritime law handles reporting.

Before 2010 the crimes hardly got reported.  Then in 2010 President Obama signed the law– Cruise Vessels Security Act—which improved  safety measures and first time if any of these enumerated crimes occurred the ship had a duty to report the crimes to the FBI.  However, you will see the issues in a moment.   The mandatory reporting is for the following crimes:

1. Homicide
2. Death only suspicious
3. Missing us national
4. Kidnapping
5. Assault with serious bodily injury
6. Sexual assault

The problems are that the ship only has to report suspicious deaths not unsuspicious deaths. 

So if someone accidentally fell off the ship and was drinking if it looked like an accident someone could get away with murder.  Cruise lines have discretion to report or not.  This is an objective standard in the eye of the beholder.  Assaults are different story. Sexual assaults are common crime on ships.  Obama tried to fix this with the law but still leaves to much discretion in the cruise line to determine which one to report.  They can interpret and call it just groping or inappropriate gestures and they do not have a duty to report the sexual assault. Ambiguity in law allows cruise ship to interpret the crime to their favor to avoid publicity and lawsuits. 

The mother all maritime laws– protects them more– is DOHSA

DOHSA–Death on the High Seas Act–100 year old law from 1920–survivors  of the dead persons on board can sue the cruise line but they are limited compared to wrongful death statutes in the states.

The only damages you can get after DOHSA limits them are:

1, Only actual expenses–means  funeral expenses 

2. Dependent beneficiaries –what they would have earned rest of their life if they survived.

If you are a minor or retired couple then under DOHSA your life has no economic value.

NO LIFEGUARDS AND CAN’T SUE FOR NEGLIGENCE

Drowning is common on cruise ships. You may ask where are the lifeguards.  Most of the cruise ships have 6 pools. Not having a lifeguard saves money and space.  Royal and Norwegian just hired lifeguards only 2 years ago. Carnival the biggest of them all does not have lifeguards.

It is crazy because they have pools, hot tubs, water parks and thousands of child passengers and no lifeguards.  If someone drowned in the USA and there was no lifeguard you could sue for damages. 

For years victim families tried to get Congress to change DOHSA so that there is fair compensation and can sue for negligence if there is no life guard– and make it parallel with US law.   Of course the special interest and lobbyists for the cruise ship industry spent 3 million fighting these efforts.  Then in 2017 Congress tried again to pass new law and died in committee.  The cruse ship industry knows that if  you can sue for negligence like you can stateside it will cost them millions.

SEE PODCAST RELATED TO MARITIME LAW EPISODE 4.  CLICK HERE