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Maritime Lawyer: Job Description And Expertise
A Maritime Lawyer specialises in maritime injuries and boating or shipping accidents. Maritime Lawyers not only protect seafarers who get hurt during their jobs, but also those involved in marine accidents during recreational boating.
They deal with several things, including trying cases in court, negotiating agreements, drafting documents, and dealing with complaints about illnesses or injuries caused by different kinds of accidents involving any type of marine craft or vessel. They also handle cases involving shipping companies breaking maritime laws, such as dumping hazardous or toxic waste into the sea.
This might look simple, but dealing with all the above-mentioned issues is complicated, as there are many parties involved with differing claims and demands. Additionally, every nation-state has its own maritime laws apart from the international maritime laws.
What is Maritime Law?
This brings us to the question of what exactly maritime law is, or how we can define it. Maritime Law is one of the oldest branches of law and is defined as “law that relates to commerce and navigation on the high seas and other navigable waters and that is administered by the admiralty courts”.
It includes both local laws and international laws which govern torts, injuries, marine contracts and any kind of offence which happens on a body of water which is navigable.
Maritime Law can be quite complex, and maritime lawyers must possess vast knowledge of not only state and federal laws, but also international laws, not to forget the specifics about marine insurance, marine pollution and employee compensation and so on.
Work Of A Maritime Lawyer
A maritime lawyer should remain calm and composed to bring out the best solutions on the table. In controversial cases, or cases where the amount of compensation asked is questionable, a maritime lawyer needs to apply the right statutes and laws, which stand ground in every country, along with the specific laws of that particular nation.
Maritime Lawyers are important for seafarers who get injured while working at sea. The Jones Act is a law brought by the Merchant Marine Act of 1920. It governs the shipment of goods in the U.S and ensures that the employer takes responsibility for a worker who gets injured at sea while doing their job.
In such cases, seafarers are entitled not only to healthcare benefits but also to all the lost income due to the accident.
To qualify as a seaman, a worker has to be on board a ship at least 30% of the time. This means that an employee can spend 70% of their time working on land, but if they spend 30% of their time working on a ship, they will still be covered under the Jones Act.
Although maritime lawyers deal with different types of cases, the most common is handling maritime injury claims.
A maritime injury claim is similar to a compensation claim put forth by a worker on land. The only difference is that the settlement in the first case tends to be bigger in comparison.
This is because working on a ship puts people at a much higher risk than other workers. There can be injuries, accidents, collisions, explosions, etc.
Usually, there are slip and fall injuries, and they make up around 40% of all maritime injuries. It is natural since any kind of ship has a lot of wet surfaces; employers should train their workers and provide equipment, such as proper shoes, to prevent such accidents.
Another common type of injury is from exposure to toxic chemicals, substances and agents while working in confined spaces, or lifting heavy objects or working near machinery.
After the accident, one should seek medical treatment and get pictures of the ship and the work area where they suffered injuries. If one cannot take the pictures themselves, they should make sure a colleague can do it for them, as this comes in handy while filing a maritime lawsuit.
The last step is to look for qualified maritime lawyers who, after a consultation, will help you decide if you have a maritime injury case or not.
The role of a maritime lawyer is constantly evolving with new environmental regulations regarding decarbonisation and green shipping. This requires legal experts to guide the sector through compliance.
As technology advances, we have concepts like autonomous shipping, and so lawyers grapple with questions of liability and regulations concerning uncrewed ships and also remotely operated vessels.
Protecting ships and shore operations from cyber threats is becoming a new issue, adding a new form of compliance and a new arena requiring the expertise of a maritime lawyer.
Conclusion
In the present times, when safeguarding the marine ecosystem and ecology has become important, a maritime lawyer can help tackle threats and issues posed by several incidents, including oil spills, dumping of waste, injuries at sea, ship collisions and many more.
With the evolving nature of the shipping industry and the introduction of new regulations, the demand for skilled maritime lawyers is on the rise, making it a great career option as well.
You might also like to read-
- Why Is Maritime Law A Great Career Option?
- International Maritime Lawyers – Career Prospects and Qualifications Required
- Ship Arrest Under Maritime Law: Reasons, Procedure, and Precautions
Disclaimer :
The information on this website is for general purposes only. While efforts are made to ensure accuracy, we make no warranties of any kind regarding completeness, reliability, or suitability. Any reliance you place on such information is at your own risk. We are not liable for any loss or damage arising from the use of this website.
About Author
Zahra is an alumna of Miranda House, University of Delhi. She is an avid writer, possessing immaculate research and editing skills. Author of several academic papers, she has also worked as a freelance writer, producing many technical, creative and marketing pieces. A true aesthete at heart, she loves books a little more than anything else.
Disclaimer :
The information on this website is for general purposes only. While efforts are made to ensure accuracy, we make no warranties of any kind regarding completeness, reliability, or suitability. Any reliance you place on such information is at your own risk. We are not liable for any loss or damage arising from the use of this website.
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