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Home Intellectual & Personal Law Personal Injury Law

What You Need to Know About Maritime Injury Claims

Lucas Leo by Lucas Leo
October 3, 2025
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What You Need to Know About Maritime Injury Claims
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Working on the water can be rewarding, but it is no secret that it is also dangerous. Seafarers, dockworkers, and offshore crew members face harsh conditions, heavy equipment, and unpredictable weather, all of which can lead to serious injuries.

When something goes wrong, it is not always clear what steps to take or what rights you actually have. Many of these cases fall under a specific area of law known as maritime law, which is different from typical workers’ compensation or personal injury rules.

These types of injuries are often the result of maritime accidents, such as vessel collisions, equipment failures, falls overboard, fires, or exposure to harmful substances. If you have been hurt while working on or near the water, here is what you need to know about pursuing a maritime injury claim.

Table of Contents

  • Maritime Law Is Different from Regular Workers’ Comp
  • Jones Act: Your Right to Sue
  • Maintenance and Cure: Your Basic Rights
  • Longshore Act: Help for Maritime Workers Who Aren’t Seamen
  • Act Quickly: Time Limits Matter
  • Why You Need a Maritime Attorney
  • Final Thoughts

Maritime Law Is Different from Regular Workers’ Comp

Most land-based employees are covered by state workers’ compensation systems. But if you work on a ship, oil rig, dock, or harbor, you might be covered by federal maritime laws instead. These laws offer different protections and can allow you to sue your employer, something not typically allowed under workers’ comp.

There are two major laws that cover maritime workers:

  • The Jones Act: Covers seamen who spend significant time working aboard vessels in navigation.
  • The Longshore and Harbor Workers’ Compensation Act (LHWCA): Covers longshoremen, dockworkers, and other maritime employees who don’t qualify as “seamen” under the Jones Act.

Each law has its own requirements and types of compensation, so it’s important to know which one applies to you.

Jones Act: Your Right to Sue

If you’re classified as a seaman under the Jones Act, you have the right to sue your employer for negligence. That includes unsafe working conditions, poor training, lack of safety equipment, or failure to maintain the vessel.

To qualify, you must:

  • Work on a vessel that is in navigation (i.e., operational, afloat, and capable of moving),
  • Spend at least 30% of your time aboard the vessel.
  • And be injured while performing your job duties.

Under the Jones Act, you can recover damages for:

  • Medical expenses
  • Lost wages and future earning potential
  • Pain and suffering
  • Mental anguish
  • Disability or disfigurement

Unlike traditional workers’ comp, you can be awarded much more through a successful Jones Act claim, but you’ll need to prove your employer was at least partly negligent.

Maintenance and Cure: Your Basic Rights

Regardless of whether your employer was at fault, injured seamen are entitled to something called maintenance and cure. This means:

  • Maintenance: A daily stipend for food and housing while you recover.
  • Cure: Payment of your medical expenses until you reach “maximum medical improvement.”

Your employer must provide this support, even if the injury was your fault, unless they can prove you were intentionally dishonest or engaged in misconduct.

Longshore Act: Help for Maritime Workers Who Aren’t Seamen

If you work around ships but not directly on them (like a crane operator, shipbuilder, or stevedore), you’re probably covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

This law gives injured maritime workers access to:

  • Medical treatment
  • Temporary or permanent disability payments
  • Vocational rehabilitation

It functions more like traditional workers’ comp but usually offers better benefits than most state systems.

Act Quickly: Time Limits Matter

Maritime injury claims have strict deadlines, known as statutes of limitations. Here’s a general guide:

  • Jones Act claims: 3 years from the date of injury
  • LHWCA claims: 1 year from the date of injury (and 30 days to notify your employer)

Missing these deadlines could cost you your entire case, so it’s smart to talk to an experienced maritime attorney as soon as possible after your injury.

Why You Need a Maritime Attorney

Maritime law is complex, and big shipping companies have legal teams ready to protect their interests. A lawyer who understands maritime law can:

  • Determine which law applies to your case
  • Help you gather evidence and documentation
  • Represent you in negotiations or court
  • Make sure you get full and fair compensation.

Many maritime attorneys work on a contingency basis, meaning they only get paid if you win your case.

Final Thoughts

Getting hurt on the job is tough, especially when you are far from shore and unsure what to do next. But maritime law was created to protect workers just like you. Whether you’re a deckhand, engineer, longshoreman, or oil rig worker, you have legal rights if you’ve been injured.

Don’t let a company or insurance provider talk you out of what you are owed. Learn your rights, get the right help, and take the steps needed to protect your future.

Lucas Leo

Lucas Leo

Hi, I’m Lucas Leo, an author and writer at AccordingLaw.com. I’m passionate about delivering the latest legal news and updates according law to keep you informed. Join me as I explore and share insights into the ever-evolving world of law!

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