Local Rules for Admiralty and Maritime Claims Louisiana

Local Rules for Admiralty and Maritime Claims Louisiana.jpg

Montiel Hodge is a maritime law firm that wants its clients to be protected and well informed. Maritime law, also known as admiralty law, covers incidents in navigable waters, including oceans, lakes, and rivers. Admiralty and maritime claims can involve a case between ships or cases between a captain and their crew and passengers.

The maritime industry can be dangerous, but it can also be rife with the potential for false claims, so it’s necessary to have the best maritime lawyers in Louisiana on your side. If you need to defend your company against a claim, contact a maritime lawyer at Montiel Hodge.

Legislation Surrounding Admiralty and Maritime Claims

 While it’s common for the federal court to hear most admiralty cases, it is possible in Louisiana for the case to be heard by the state court. The basis for this possibility is that admiralty and maritime claims are unique and require special rules about the facts presented by the participating parties.

 In the United States, admiralty and maritime law are under the umbrella of federal legislation. Some key legislation includes:

 ● The Jones Act                                                                               

 The Jones Act states that seamen may be entitled to compensation from employers should they incur an injury during their employment at sea - much like workers’ compensation on land.

 ● The Outer Continental Shelf Lands Act                           

 If a worker specializes in extraction and exploration activities on the outer continental shelf, the Outer Continental Shelf Lands Act pertains to them. Harbor workers, oil rig workers, dockers, shipbuilders, and ship technicians working in this area are protected by the Jones Act and the Longshoremen and Harbor Workers’ Compensation Act.

 ● Longshoremen and Harbor Workers’ Compensation

 The Longshoremen and Harbor Workers’ Compensation Act protects those who work in land-based maritime positions. Similar to general workers' compensation, this act operates on a no-fault basis, providing medical benefits and disability to maritime workers injured on the job. Land-based maritime duties include unloading, loading, repairing, or building ships.

 ● Death on the High Seas Act.                                                                       

 Family members of a seaman who dies aboard a ship in international waters due to the vessel being not seaworthy or the employer’s negligence can constitute a maritime claim through the Death on the High Seas Act. The deceased’s next of kin may obtain relief relating to the loss of existing or expected financial support and financial cost used by the death, including funeral and counseling expenses.

 Admiralty and Maritime Claims

 Suppose a claim is brought by an employee, or on behalf of one, for injuries sustained while at sea; Montiel Hodge can help. We are a team of maritime defense attorneys with an upstanding reputation and will give you the representation you deserve.

 Contact us today to get started on your case.

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