There are many factors that determine the deadline by which you must file your lawsuit under maritime/admiralty law. A maritime or admiralty suit might fall under state or federal jurisdiction. Whether the injury occurred on a vessel under navigation might determine if the Uniform Statute of Limitations for Maritime Torts will apply. The following guidelines can assist with identifying which deadline(s) may apply, but maritime law is complex, and it would be impossible to determine if your deadline has passed without speaking to a qualified attorney.

• The Uniform Statute of Limitations for Maritime Torts: This federal code applies to all lawsuits for personal injury to or death of a seaman (the injured marine worker) that arise out of a maritime tort. The law sets a three-year deadline to file after the event giving rise to the claim occurs. This date also determines the deadline for the seaman to bring his or her claim under the Jones Act and the Death on the High Seas Act, claims of unseaworthiness, and other claims made under general maritime tort law.
• The Jones Act: Under the Jones Act, a “seaman” is defined as member of the crew of a vessel (e.g., a tanker, freighter, jack-up rig, semi-submersible, towboat, tug, supply boat, crew boat, barge, lay barge, or fishing vessel), or someone assigned to a fleet of vessels by his employer. Other requirements must be met, such as: (i) the vessel must be in navigation, (ii) there must be a permanent connection with ship, and (iii) the worker must be aboard to aid in that navigation. Sometimes, even a person whose work is covered under the LHWCA may be treated as a Jones Act seaman.

  Jones Act seamen are guaranteed medical care and disability benefits if they’re hurt on the job. In tragic situations where a worker dies due to a work injury, the Act provides financial support for their spouse or children. This law also compels employers to prioritize safety. They must create a safe work environment and equip employees with proper training and safety gear.

  A lawsuit brough under the Jones Act must be filed within three years from the time of the accident, injury, or illness. However, there are some cases where this period may be reduced by administrative requirements based on ownership of the vessel.

• The Death On the High Seas Act: The Death on the High Seas Act, or DOHSA, allows families of those who died at sea to seek compensation under maritime tort law in certain circumstances. The deadline for these family members is three years from the day their loved one died. A spouse, child, parent, or dependent relative may be eligible for compensation under DOHSA.
• The Longshore and Harbor Workers Compensation Act: The LHWCA has a shorter statute of limitations than the Jones Act or DOHSA. LHWCA claimants may have only one year to file a claim after they are injured. This time begins to count down as soon as the employer files the required form with the Department of Labor to report the injury. In some cases where an employer was voluntarily paying benefits and compensation and then stopped, the injured person has a year to file from the time those benefits were cut off. This one- year deadline also applies to cases filed under the Outer Continental Shelf Lands Act and the Defense Base Act.
• Maintenance and Cure Deadline: Generally speaking, the deadline to bring a claim for maintenance and cure is three years under the Uniform Code. However, there are some cases where you may file a claim for Maintenance and Cure more than three years after the accident that caused your injury or illness. In those exceptional cases, the burden of proof will fall more heavily on the injured person to show why it was reasonable that he or she did not file the claim within the three-year period.
• State Laws: State laws may have longer or shorter deadlines for an injured marine worker to bring claims arising under state law. For example, as of July 1, 2024, claimants in both Louisiana and Texas have two years from the date of the accident to file a lawsuit.

No matter what law pertains to your injury claim, do not wait until the last minute to seek the advice of an attorney. Information and evidence gathering should begin immediately following the injury-causing event. The sooner you contact RUDIN LAW, the sooner we can begin building your case. We’re ready to act fast so you should be ready to call us as soon as disaster strikes.