Understanding Maritime Law Terms and Definitions

Working offshore means facing real risks—and when injury strikes, understanding maritime law terms becomes critical. One misstep in the legal process can affect your recovery, your rights, and your future.

Maritime law, also known as admiralty law, governs disputes and injuries on navigable waters like oceans, rivers, and lakes. At Gordon McKernan Injury Attorneys, we’re here to help Louisiana’s maritime workers decode the legal language and fight for the compensation they deserve. Let’s break down the essential terms you need to know.

1. What Is Maritime Law? Navigating the Waters of Admiralty Law

Maritime law refers to the body of law governing nautical issues and private maritime disputes. Think of it as your legal lifeline when things go wrong on the water. It covers a wide range of topics such as:

• Marine commerce and shipping operations
• Navigation safety and regulations
• Sailors and crew member rights
• Transportation of passengers and goods by sea

It includes both federal statutes like the Jones Act and general maritime common law built over centuries of seafaring tradition.

2. Jones Act (Merchant Marine Act of 1920)

The Jones Act is your shield against employer negligence—a key federal statute that gives qualified seamen the right to sue their employers for injuries caused by negligence. To qualify as a “seaman” under the Act, a worker must:

• Contribute to the function or mission of a vessel (you’re not just a passenger)
• Have a substantial employment connection to the vessel (it’s your workplace)
• Work on a vessel in navigation (actively operating, not permanently docked)

Under the Jones Act, injured seamen can recover damages for medical expenses, lost wages, pain and suffering, and more.

3. Maintenance and Cure

Here’s your financial safety net: “Maintenance” refers to the daily living expenses an injured seaman is entitled to while recovering, such as:

• Food and basic nutrition costs
• Lodging and housing expenses
• Essential utilities

“Cure” includes the medical treatment necessary until the worker reaches maximum medical improvement (MMI). These benefits are owed regardless of who is at fault for the injury—no blame game required.

4. Understanding Unseaworthiness Claims in Maritime Injury Cases

Every vessel has one fundamental duty: to be seaworthy. A vessel must be fit for its intended use and safe for crew members. If it is found to be unseaworthy, due to:

• Poor maintenance and neglected repairs
• Inadequate safety measures or protocols
• Lack of proper equipment or tools

The shipowner can be held strictly liable, even without proving negligence. Your floating workplace must meet basic safety standards, period.

5. Who Qualifies as a Seaman Under the Jones Act?

The legal definition of a “seaman” is crucial in maritime law. A seaman is typically a worker whose duties:

• Contribute to the function of a vessel
• Have a substantial connection to the vessel

Only seamen are protected under the Jones Act, though other laws like the Longshore and Harbor Workers’ Compensation Act (LHWCA) may apply to different maritime roles.

6. Longshore and Harbor Workers’ Compensation Act (LHWCA)

The LHWCA provides benefits to maritime workers who are not classified as seamen—such as:

• Dock workers handling cargo
• Shipbuilders constructing vessels
• Longshoremen loading and unloading ships

It offers medical benefits, disability compensation, and vocational rehabilitation to get you back on your feet.

7. Burden of Proof in Maritime Injury Cases

Here’s where maritime law works in your favor: In a maritime injury claim, the burden of proof is lower under the Jones Act than in traditional personal injury cases. The injured seaman must only prove that the employer’s negligence played any part, however small, in causing the injury.

8. Arbitration Clause in Maritime Law: What It Means for Your Case

Many maritime employment contracts include an arbitration clause, which requires disputes to be settled outside of court through arbitration. Before signing anything, remember:

• These clauses can limit your legal options
• Settlement documents may contain binding arbitration terms
• Always consult a maritime attorney before agreeing to arbitration

9. What Are Unearned Wages in Maritime Law?

If a seaman is injured or becomes ill during employment, they are typically entitled to unearned wages—the amount they would have earned had they completed their contractual term of service. It’s compensation for the work opportunity your injury stole from you.

10. General Maritime Law: Legal Protection Beyond Statutes

Beyond statutory protections like the Jones Act and LHWCA, general maritime law provides seamen and other maritime workers with rights rooted in case law and tradition. These include claims for:

• Unseaworthiness violations
• Wrongful death compensation
• Breach of maritime employment contracts

Why Knowing Maritime Law Terms Matters for Injured Workers

Working offshore comes with unique hazards. Whether you are a deckhand on a shrimp boat, a roughneck on an oil rig, or a welder on a floating barge, understanding maritime law terms empowers you to protect your legal rights.Maritime injury claims involve strict deadlines, complex legal standards, and powerful corporate defendants. That’s why having a seasoned maritime attorney on your side is critical.

Injured at Sea? Call Gordon McKernan Injury Attorneys – Your Louisiana Maritime Lawyers

At Gordon McKernan Injury Attorneys, we proudly represent injured maritime workers across Louisiana. With years of experience handling Jones Act claims, maintenance and cure cases, and unseaworthiness claims, we fight to ensure that our clients receive the maximum compensation allowed by law.

If you or a loved one has been injured while working at sea, contact us today to get the experienced legal help you deserve.

Call for a free consultation at 888.501.7888 to speak with a dedicated Louisiana maritime injury attorney.