What is the Time Limit for Claims?

The statute of limitations is an enactment regarding civil cases which places a time limit on when a lawsuit can be filed. Different claims have different "statutes of limitations," which are the time periods in which a claim can be brought. The time limits in your case will depend on the facts and the remedies that might be available to you. Maritime law provides commercial fishing workers with compensation if they were injured while at work. Also referred to as admiralty law, offshore workers and harbor workers are protected should they be injured or killed.

Under the Jones Act, a seaman on a commercial fishing boat could file a claim if they can prove that their employer, the owner of the ship, or another crewmember were negligent. If the vessel was shown to be unseaworthy, they may also file a claim. Families who have lost a loved one to an offshore accident could be able to claim death benefits for their loss. From the time of the accident, there is usually a three year period where a suit may be filed.

The Longshore and Harbor Worker's Compensation Act covers not only fishing vessel workers, but anyone who has a maritime-related occupation (ship builders, longshoremen, ship repairers, etc.). It provides injured workers with 66% of their weekly pay while they are unable to work. If a worker died because of their injuries, the surviving family will receive from 50-66% of their wages. To receive medical expenses and disability benefits through LHWCA, you must report the injury within 30 days and file a claim within one year. As the time limit varies depending on which law you claim under, an offshore injury lawyer could aid you in filing a claim on item.