Maritime Worker Injuries & Related Lawsuits

Suffering an injury while working can involve unique legal considerations for those employed on boats, ships, and offshore structures. Legal rules designed for maritime employment often differ substantially from standard state-based workers’ compensation laws or personal injury rules that primarily govern land-based occupations. Federal maritime doctrines protect workers who qualify as seamen, as well as those who engage in maritime activities but do not meet the technical definition of a seaman.

Defining Seamen

Federal maritime law establishes specific criteria for who qualifies as a seaman. Generally, a worker must be assigned to a vessel considered “in navigation,” meaning the vessel is afloat, operational, and capable of moving on navigable waters rather than permanently moored or otherwise out of service. This worker must contribute to the function of the vessel or its overall mission. Many courts follow a guideline that a seaman spends at least 30% of their employment time on a vessel or a fleet of commonly owned vessels. This percentage is not an unbending rule and may be interpreted somewhat differently in various jurisdictions. Some courts emphasize both the worker’s duties and the totality of the worker’s connection to one vessel or a fleet.

The Jones Act and Employer Negligence

The Jones Act grants an injured seaman the right to pursue compensation for injuries caused, even in part, by the employer’s negligence. Under this statute, a seaman need only show that the employer’s lack of due care contributed, however slightly, to the harm. An employer is obligated to provide a reasonably safe working environment and maintain the vessel in a safe condition. Common allegations include failing to fix known hazards on decks, supplying inadequate equipment, providing insufficient training, or operating with an understaffed crew.

Vessel Unseaworthiness

Traditional maritime law allows seamen to file a claim based on the doctrine of unseaworthiness. A vessel is deemed unseaworthy if its condition, equipment, or crew is unfit or unsafe for its intended use. Liability in unseaworthiness claims does not depend on the vessel owner’s knowledge of the unsafe condition. Any proven defect that renders the vessel or its appurtenances inadequate for their purpose may form the basis of a claim if an injury occurred as a result. Examples include slippery decks, malfunctioning machinery, or an improperly trained crew.

Maintenance and Cure Benefits

Maritime legal principles grant seamen the right to receive maintenance and cure, which does not depend on fault. Maintenance is a daily stipend to cover living expenses—such as food and lodging—while recovering, and cure covers necessary medical treatments related to the injury or illness. Maintenance and cure obligations continue until the seaman reaches maximum medical improvement, when no further improvement is reasonably expected. These benefits do not compensate for full lost wages or pain and suffering, which may be pursued under Jones Act negligence or unseaworthiness claims. In some cases, an employer who willfully and arbitrarily refuses to pay maintenance and cure can face punitive damages and other financial penalties.

The Longshore and Harbor Workers’ Compensation Act (LHWCA)

Workers who do not meet seaman criteria—such as longshore workers, shipyard employees, and harbor construction workers—may be eligible for benefits under the Longshore and Harbor Workers’ Compensation Act. This federal law typically covers employees who labor on navigable waters or in adjoining maritime areas like docks and shipyards. Claims do not require proof of employer negligence and allow for compensation that can surpass certain state workers’ compensation benefits.

Other Applicable Federal Maritime Laws

Several other federal laws can apply to certain maritime occupations and locations. The Outer Continental Shelf Lands Act often applies the LHWCA to workers on offshore platforms and rigs who are not considered seamen. The Defense Base Act covers certain contractors working on overseas military bases, and the Death on the High Seas Act allows for wrongful death claims when fatalities occur more than three nautical miles from U.S. shores. Which statute governs can hinge on the worker’s job duties, vessel location, and the nature of the worksite.

Time Limits and Filing Deadlines

Maritime injury laws impose specific statutes of limitations. Jones Act claims typically must be filed within three years of the injury date. Under the LHWCA, an injured maritime worker often has one year to file a claim with the Department of Labor, although nuances exist, including extended deadlines if the worker was unaware of the full extent of the injury. Other statutes, such as those governing offshore platforms or overseas government contracts, incorporate different timelines. Missing a filing deadline can bar any further recovery.

Documenting Maritime Injuries

Thorough documentation frequently proves pivotal in maritime cases. Records of the accident’s date and location, vessel conditions, and witness accounts help determine how an injury occurred and which law applies. Clear medical documentation and evidence of work-related duties strengthen the legitimacy of a claim. Employers and insurers may challenge these details, so maintaining thorough records can be critical for pursuing available remedies.

Last reviewed May 2025