Sean McCarthy
The statute of limitations in each jurisdiction governs how long an individual has to file a claim seeking compensation for losses incurred due to another person’s negligence. That timeline, however, can vary by jurisdiction—and when it comes to maritime law, determining the statute of limitations and other key elements of an individual’s rights can prove even more complicated. What is the statute of limitations for maritime injury? Take a careful look at these elements that can impact your right to compensation and how long you have to file a claim.
Jones Act Claims
The Jones Act is a federal law that provides injured seamen with the right to sue their employers for injuries caused by their negligence, including sending workers out on a ship that is not seaworthy. The law lays out specific requirements for individuals who qualify. To be eligible, an individual must be:
- Injured in an accident caused by the employer’s negligence
- Injured on navigable waters, or waters that are used for commerce
- A “seaman” who performs their duties on the vessel and spends at least 30% of their working hours on that vessel when it is underway
Under 46 United States Code § 30106, the statute of limitations for maritime injuries is 3 years from the date of the incident.
Claims Against Government Agencies
Under the Federal Tort Claims Act (28 United States Code § 2401(b)), if a federal agency or other government entity’s negligence leads to a maritime injury, the injured individual may have the right to file a claim up to two years after the date of the incident. Written notice of intent to file a claim must be provided within 22 months of the incident.
The Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act covers maritime workers who are not covered under the Jones Act. That may include:
- Shipbuilders
- Longshoremen
- Harbor workers
In order to qualify for compensation under the LHWCA, injured individuals must have suffered injuries on navigable waters or in adjoining areas like docks, piers, and shipyards due to the negligence of their employer. The LHWCA has much tighter deadlines for filing an injury claim. Under 33 United States Code § 912(a), injured workers must notify their employer about the injury within 30 days of the incident and file a claim within one year.
Exceptions to the Statute of Limitations in Maritime Injury Claims
While the statute of limitations lays out specific guidelines for how long injured workers have to file a claim, there are some exceptions that can extend that timeline. That can include a worker who did not realize that they had sustained an injury or did not realize that another party bore fault for that injury. In those cases, the statute of limitations may start counting after the worker discovers the injury or the likely cause. In addition, minors or military personnel may have a longer period of time to file a claim.
Discuss the Statute of Limitations for Maritime Injury With an Attorney
If you suffered injuries in an accident out on the ocean, you may have the right to compensation for your injuries. Many clients come to us asking, “What is the statute of limitations for maritime injury?” — and the answer can depend on the specific laws that apply to your case. At Williams Hart & Boundas, we understand the challenges that can accompany a maritime injury and your ability to recover compensation for your losses, including your medical bills, wage losses, and pain and suffering. Contact us to learn how we can help with your claim.