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The Law
WARNING ! The rules for determining
what types of maritime law or cause of action would apply in a given situation
are extremely complicated. The wrong claim jeopardize a claim. Call an
experienced maritime attorney.
The Jones Act
The Jones Act (Merchant Seaman Protection and Relief) was passed in 1920
to provide seamen with specific remedies for injuries sustained on the job. The
Act was also intended to ensure that the country maintains a Merchant Marine
industry staffed by U.S. crews and owned by U.S. companies.
Title 46 US Code Appx § 688 (2002)
Death on the High Seas Act - DOHSA
The Death on the High Seas Act was passed in 1920 to facilitate recovery
of damages for windows of seamen whose death occurred in international waters.
There is currently a dispute on whether a 3 mile or 12 mile limit applies. A
U.S. District Court applied a 12 mile limit in the TWA Flight 800 case, which
decision in on appeal. The law permits family members to collect only if they
relied on the deceased for income. Even so, they are limited to economic losses
only. Damages for loss of consortium. pain and suffering are not allowed.
Title 46 US Code Appendix Chapter 21
Longshore and Harbor Workers' Compensation Act
The Longshoremen's and Harbor Workers'
Compensation Act (33 U.S.C.A. § 901 et seq. [1927]) establishes federal system
to compensate injured maritime workers who are not seaman but work on docks,
piers, wharves or bridges. Through the Federal Office of Workers' Compensation
Programs, statutorily created programs provide benefits to such employees for
injuries suffered in the course of their employment.
Title 33 US Code Chapter 18 Sections 901-942
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