When an injury occurs while working on the river, it can take a long time before the injured employee files a claim. This can be due to multiple reasons: An employee may not realize they are entitled to file a claim for the injury they suffered; the injury itself may not significantly affect the employee until a later time; or simply, life gets in the way, and an employee may delay and unknowingly forfeit the right to file a claim. It is important to act promptly, because if too much time passes, you could lose your right to file a claim under what is called the “statute of limitations.” Because maritime injury claims are subject to strict filing deadlines, a Cape Girardeau, MO towboat injury lawyer can help injured river workers take timely action to protect their rights and pursue the compensation available under maritime law.
What Is The “Statute Of Limitations?”
A “statute of limitations” is a legally defined time frame within which you must file a legal claim. They function like a deadline, where your claim is “due” by a set date after the injury occurs, or else it is too late and the claim can no longer be filed. Statutes of limitations are put in place by lawmakers to ensure prompt and efficient legal action after a wrong occurs and to ensure that the evidence available to support or contradict a claim is reliable—such as a witness’s memory of an accident.
How Long Do I Have To File My Claim?
The time you have to file a claim can vary significantly depending on the applicable law. In a maritime context, the time allowed to file a claim depends on the type of river worker — whether a seaman, longshoreman, or other marine worker — each of whom may be subject to a different deadline.
Jones Act
A Jones Act claim is subject to the statute of limitations set out in 46 U.S.C. § 30106, which requires that “a civil action for damages for personal injury or death arising out of a maritime tort must be brought within three years after the cause of action arose.” Determining when a “cause of action arose” can be a complicated legal question, making it essential to consult with an experienced maritime attorney to ensure your claim is filed before the deadline.
Longshoremen and Harbor Workers
By contrast, longshoremen, stevedores, or harbor or dock workers are subject to the statute of limitations found in 33 U.S.C. § 913 — the Longshore and Harbor Workers’ Compensation Act (LHWCA). Under the LHWCA, a claim for compensation must be filed within one year of the injury or death. Given this short window, it is important to consult with a maritime attorney as soon as possible after a workplace injury.
How Can I Make Sure My Claim Is Filed In Time?
River injuries can happen at any time to any worker. After an injury occurs, it is important to preserve your right to file a claim within the time allowed. Given the complexity of maritime statutes of limitations, consulting an experienced maritime attorney promptly is the most important step you can take.
The attorneys at Goldstein and Price, L.C. have been handling Jones Act cases and other maritime claims for over 65 years. Contact us today to speak with an experienced maritime attorney and ensure your claim is filed within the time allowed by law.