What Does a Maritime Injury Lawyer Do? Laws, Claims, and Compensation Explained

Working on the water is physically demanding, mentally exhausting, and incredibly dangerous. Whether you’re maneuvering a cargo ship through rough seas, repairing offshore oil rigs, loading containers at the dock, or working aboard a cruise ship, you face risks that land-based workers simply don’t encounter. Slippery decks, heavy machinery, unpredictable weather, and equipment failures can strike without warning, and when an accident happens far from shore, the consequences can be devastating.

Here’s what many maritime workers don’t realize: if you’re injured at sea or on navigable waters, the typical workers’ compensation system that protects other workers probably doesn’t apply to you. Instead, you’re covered by a completely different legal framework—one that’s older, more complex, and potentially far more valuable if you know how to navigate it.

That’s where a maritime injury lawyer comes in. These specialized attorneys understand the unique laws protecting maritime workers, and they know how to fight for the compensation you deserve. The difference between handling your claim alone and having an experienced maritime injury lawyer on your side can mean hundreds of thousands of dollars—sometimes even more.

Table of Contents

Why Maritime Jobs Are Among the Most Dangerous

Let’s talk numbers. According to data from maritime safety organizations, slip and fall accidents account for about 23% of maritime injuries, while lifting-related injuries represent 28% of all claims reported in the offshore industry. But these statistics don’t capture the full picture of danger. Offshore oil rig workers face explosions, fires, equipment failures, and toxic chemical exposure. Commercial fishermen deal with extreme weather, slippery decks, and heavy lines that can pull them overboard. Dock workers are struck by falling cargo and caught in heavy machinery daily.

The maritime environment itself—constant motion, saltwater corrosion, limited medical facilities—means even routine injuries can become life-threatening emergencies. A head injury that could be treated in a hospital might become a catastrophe when you’re hours away from the nearest medical facility. This is why maritime law exists: to provide stronger protections for workers operating in these uniquely dangerous conditions.

Why Normal Workers’ Compensation Often Does Not Apply

If you’re a typical construction worker or factory employee, you file a workers’ compensation claim through your employer’s insurance. This system pays your medical bills and provides a percentage of your lost wages, but it comes with a major restriction: you can’t sue your employer, even if their negligence caused your injury.

Maritime workers operate under a different system entirely. Seamen and offshore workers are protected by the Jones Act, a federal law passed in 1920 that gives you the right to sue your employer directly for negligence. This is a game-changer. It means you can recover not just medical expenses and lost wages, but also compensation for pain and suffering, disability, and other damages that workers’ compensation doesn’t cover.

However—and this is crucial—not all maritime workers are classified as “seamen” under the Jones Act. Dockworkers, shipbuilders, and other harbor workers typically fall under the Longshore and Harbor Workers’ Compensation Act (LHWCA) instead, which has different rules and benefits. And if someone dies at sea in international waters, the Death on the High Seas Act (DOHSA) may apply. Understanding which law covers your situation is absolutely essential, because choosing the wrong legal path can cost you significant money.

Who a Maritime Injury Lawyer Helps

A maritime injury lawyer represents several different types of workers:

Seamen and crew members aboard commercial vessels, fishing boats, tugboats, barges, and other ships—anyone who works aboard a vessel in navigation and contributes to the vessel’s function.

Offshore oil and gas workers on drilling rigs, production platforms, and support vessels—workers who face extreme hazards and catastrophic injuries.

Dock and port workers, including longshoremen, shipyard employees, ship repairers, and cargo handlers—workers injured while loading, unloading, or maintaining vessels.

Cruise ship crew members and passengers injured due to negligence aboard commercial cruise lines or passenger vessels.

Recreational boat accident victims and passengers injured on navigable waters.

The common thread: they were injured while working on or near navigable waters, and they need help understanding their rights and recovering compensation.

What Readers Will Learn in This Guide

By the end of this article, you’ll understand exactly what a maritime injury lawyer does, why their expertise matters, and how to choose the right one if you’re injured. You’ll learn about the major maritime laws protecting you, the types of claims you can file, what compensation you can recover, and the most common mistakes injured workers make. You’ll also discover practical information about timelines, costs, and what to expect if you work with a maritime injury lawyer. Whether you’ve already been injured or you’re simply trying to understand your rights before something happens, this guide will give you the knowledge you need to protect yourself and your family.

Who Is a Maritime Injury Lawyer?

Definition of a Maritime Injury Lawyer

A maritime injury lawyer, also called a maritime attorney or admiralty lawyer, specializes in legal cases involving injuries, accidents, and disputes that occur on navigable waters. These are attorneys who have deep knowledge of the specialized federal laws governing maritime commerce, shipping, offshore operations, and work at sea. They represent injured workers, their families, and sometimes passengers who suffer harm due to negligence, equipment failure, unsafe conditions, or the negligence of employers and third parties.

Maritime injury lawyers don’t just handle one type of case. They work on Jones Act claims for seamen, LHWCA cases for dockworkers, maintenance and cure disputes, wrongful death cases, unseaworthiness claims, and many other maritime-specific matters. Some specialize even further—focusing only on fishing vessel injuries, for example, or exclusively on offshore oil rig accidents.

How Maritime Law Differs From Land-Based Personal Injury Law

If you’ve ever been in a car accident or injured at a land-based workplace, you might think maritime personal injury cases work the same way. They don’t. Maritime law is fundamentally different, and understanding these differences is essential.

First, maritime law is governed by federal statutes, not state law. The Jones Act, the LHWCA, and the Death on the High Seas Act are all federal laws. This means your case will likely be tried in federal court, and different rules apply. Federal courts have centuries of maritime legal precedent to draw from, and judges who specialize in maritime cases understand the unique hazards of working at sea.

Second, maritime law allows injured seamen to sue their employers directly for negligence—something almost impossible under typical state workers’ compensation systems. This is huge. You’re not limited to fixed workers’ compensation benefits; you can recover for pain and suffering, permanent disability, and other damages that regular workers can’t access.

Third, the standards for proving negligence in maritime cases are often lower than in land-based injury cases. For example, under the Jones Act, an injured seaman only needs to prove that the employer’s negligence played “any part” in causing the injury—even a minor part. In contrast, a typical personal injury case requires proving that negligence was a “substantial factor” or the “proximate cause” of the injury. This difference can mean the difference between winning and losing your case.

Fourth, maritime law recognizes unique remedies that don’t exist in land-based law. Maintenance and cure benefits, for instance, provide daily living expenses and medical coverage regardless of who was at fault. Unseaworthiness claims hold shipowners strictly liable for defective vessels or conditions that make a vessel unsafe. These remedies exist because maritime law recognizes the special dependency seamen have on their employers while at sea.

Federal vs. State Jurisdiction in Maritime Cases

Here’s something that surprises many people: a Jones Act case can be filed in either federal court or state court. This flexibility is actually a feature, not a bug. An experienced maritime injury lawyer will evaluate whether federal or state court is more favorable for your specific situation.

Federal courts have specialized knowledge of maritime law and federal statutes. They often move cases through discovery more efficiently, and judges understand maritime industry standards. State courts, on the other hand, may have different jury pools, different procedural rules, and sometimes more sympathy for injured workers.

However, federal courts always have jurisdiction over Jones Act cases because they involve federal maritime law. State courts can also hear these cases, but they must apply federal maritime law, not state law. If your case involves a cruise ship injury or happens in a state with established maritime commerce (like Florida, Louisiana, Washington, or California), choosing between federal and state court becomes a strategic decision that your attorney will make based on your specific circumstances.

Why Specialization Matters in Maritime Injury Claims

This is absolutely critical: you need a lawyer who specializes in maritime law, not just someone who handles personal injury or workers’ compensation and claims to “also do maritime cases.”

Maritime law is a niche specialty within the legal profession. The statutes are different, the court procedures are different, the expert witnesses are different, and the insurance companies involved specialize in maritime claims. An attorney who primarily handles car accidents or slip-and-fall cases might not understand seaman classification, the nuances of unseaworthiness doctrine, or how to properly preserve maritime evidence.

Here’s a concrete example: a seaman injured while crab fishing might not qualify as a “seaman” under the Jones Act if they haven’t worked 30% of their time aboard the vessel. A general personal injury lawyer might miss this threshold entirely and file under the wrong statute, costing you access to better damages. A specialized maritime injury lawyer would immediately recognize the issue and properly classify your claim.

Specialization also matters because maritime injury lawyers know the insurance companies, they understand maritime industry standards, and they have relationships with maritime experts—naval architects, marine engineers, and safety specialists—who can strengthen your case. These connections make a real difference when building compelling evidence.

What Does a Maritime Injury Lawyer Do? (Core Responsibilities)

Investigating Maritime Accidents

When you hire a maritime injury lawyer, one of their first priorities is conducting a thorough investigation into what happened. This is much more involved than simply interviewing you about the accident.

Gathering accident reports and documentation: Your lawyer will obtain the official incident report filed with your employer, the Coast Guard, or other regulatory agencies. They’ll collect vessel logs, maintenance records, repair history, and safety inspection documents. They’ll request crew payroll records to establish seaman status. They’ll gather maintenance logs to show whether equipment was properly maintained or if defects contributed to the accident.

Interviewing crew members and witnesses: People’s memories fade quickly after an incident. Your lawyer knows this, so they move fast to interview crew members, supervisors, and any witnesses before details get fuzzy or before people relocate. They’ll also depose witnesses under oath, meaning they’ll take recorded statements that can be used later in court.

Working with maritime safety and engineering experts: Major maritime cases require expert analysis. Your lawyer will hire naval architects to evaluate whether a vessel was seaworthy, marine engineers to determine if equipment failed due to defective design or poor maintenance, safety experts to establish whether industry standards were violated, and medical specialists to assess long-term injury impacts. These experts provide reports and testimony that can make or break your case.

The investigation phase is painstaking and expensive, but it’s also what separates a weak case from a strong one. A maritime injury lawyer knows exactly what questions to ask, what documents to demand, and what evidence weakens or strengthens your position.

Determining Which Maritime Laws Apply

This might sound simple, but it’s actually one of the most critical decisions in your case. Three major federal maritime laws can potentially apply to your situation, and choosing the wrong one can reduce your compensation substantially.

Is the Jones Act the right fit? The Jones Act applies if you’re classified as a “seaman” working aboard a vessel in navigation. Seamen enjoy the broadest legal protections—they can sue for negligence, claim maintenance and cure, and recover for pain and suffering. However, seaman status requires that you work at least 30% of your time aboard an operable vessel in navigable waters. Your lawyer must carefully review employment agreements, work schedules, and job duties to make this determination.

Should you file under the LHWCA instead? The Longshore and Harbor Workers’ Compensation Act covers maritime workers who aren’t seamen—dockworkers, shipbuilders, ship repairers, and harbor construction workers. LHWCA is a no-fault system, meaning you don’t have to prove negligence, but your benefits are more limited than Jones Act recovery. It covers medical expenses, disability, and lost wages, but typically not pain and suffering.

Could the Death on the High Seas Act apply? If someone died from maritime injuries in international waters (more than three nautical miles from shore), DOHSA might be the applicable law. DOHSA is tricky because it limits damages to pecuniary (financial) losses and restricts who can recover. It doesn’t cover non-economic damages like loss of consortium or emotional distress.

An experienced maritime injury lawyer will evaluate your specific situation—where the injury occurred, what your job duties were, whether you’re a foreign or domestic worker, and what state and federal law combination might apply—and guide you toward the legal strategy that maximizes your recovery.

Handling jurisdiction and venue challenges: Once the applicable law is determined, questions remain about where to file your lawsuit. Should it be federal or state court? Should it be in the location where the injury occurred or where you live? Will arbitration clauses in employment contracts apply? These procedural questions can dramatically affect your case’s outcome, and they require specialized knowledge.

Proving Employer Negligence or Vessel Unseaworthiness

To win a maritime injury claim, you typically need to prove either negligence or unseaworthiness—or ideally, both.

What counts as negligence in maritime cases: Negligence occurs when an employer or vessel owner fails to exercise reasonable care and this failure causes injury. In maritime cases, common negligence includes:

Failure to properly maintain equipment, vessels, or safety gear
Failure to provide adequate crew training or instruction
Failure to warn crew members of known hazards
Failure to ensure proper staffing levels
Employing crew members known to be incompetent or prone to negligence
Operating vessels or equipment in defective condition
Failing to establish or enforce safety procedures

The key advantage under the Jones Act is that you only need to show the employer’s negligence played any part—however small—in your injury. You don’t need to prove it was the main cause. This is much easier to establish than in typical personal injury cases.

Unsafe vessels, poor training, faulty equipment: Common negligence claims involve:

Slippery decks due to lack of maintenance or warning
Broken ladders, railings, or other equipment
Defective machinery or tools
Lack of proper fall protection equipment
Inadequate emergency medical supplies
Failure to train crew on equipment operation
Failure to provide safety drills or procedures

The doctrine of unseaworthiness: This is a separate claim that’s incredibly powerful. Under maritime law, a vessel owner is absolutely liable for injuries resulting from unseaworthy conditions—meaning the vessel is not fit for its intended use. Unlike negligence claims, unseaworthiness doesn’t require proving the owner was careless; it’s a strict liability standard.

A vessel is unseaworthy if it’s defective in its equipment, condition, crew, or supplies. If a seaman is injured because of any of these defects, the shipowner is liable, period. This applies even if the owner took reasonable precautions. This doctrine exists because seamen have no choice but to rely on their employers for vessel safety.

Employer responsibility under maritime law: Under the Jones Act, employers are responsible not only for their own negligence but also for the negligence of crew members. If a captain makes a reckless decision that injures someone, or if a fellow crewmember’s negligence causes harm, the employer is liable. This is called “respondeat superior” or vicarious liability, and it’s critical because it means the injured worker doesn’t need to prove the captain or a specific crew member was negligent—proving the employer is responsible for that negligence is enough.

Filing Claims and Lawsuits

Once investigation is complete and the applicable law is identified, your attorney begins the formal filing process. This involves strict deadlines and specific procedures.

Preparing and filing maritime injury claims: Your lawyer will prepare the official claim or complaint, gathering all evidence and articulating the legal basis for your case. For Jones Act cases, this is a civil lawsuit filed in federal or state court. For LHWCA claims, there’s an administrative process with the Department of Labor. For DOHSA claims, there are specific notice requirements and procedural rules.

Meeting strict deadlines and legal procedures: This is where many injured workers stumble if they represent themselves. Maritime law has strict statutes of limitations. Jones Act claims must be filed within three years of the injury. LHWCA claims require written notice within 30 days of the injury. Missing these deadlines is fatal—you lose your right to recover. Your maritime injury lawyer maintains detailed deadline calendars and ensures nothing is missed.

Representing injured workers in court or arbitration: If settlement negotiations fail, your attorney represents you in court, presenting evidence, examining witnesses, making legal arguments, and fighting for a favorable verdict. Some maritime employment contracts include arbitration clauses, which means disputes are resolved through private arbitration rather than court. Your attorney handles these proceedings too.

Negotiating Settlements

Most maritime injury cases settle rather than go to trial. Settlement negotiations are complex because they involve multiple parties, insurance companies with specialized maritime claims departments, and sophisticated defense attorneys.

Dealing with maritime insurance companies: Maritime employers carry specialized marine insurance that covers different types of liability. Your attorney deals directly with insurance adjusters who understand maritime claims, which means they won’t accept inflated damage estimates and will scrutinize medical records carefully. Your lawyer knows how these adjusters think and what arguments resonate with them.

Valuing claims accurately: Determining what your claim is worth requires more than just adding up medical bills. It involves calculating lost earning capacity, evaluating pain and suffering, projecting future medical needs, and considering permanent disability. A maritime injury lawyer understands how maritime injuries affect long-term earning potential (which is typically higher for maritime workers than land-based workers) and uses this to build a strong valuation of your case.

Protecting clients from low settlement offers: Insurance companies often make initial settlement offers that are far too low. An experienced maritime injury lawyer recognizes this and educates you on what your case is truly worth. They protect you from accepting a quick settlement that doesn’t adequately compensate you for your suffering and lost income.

Major Maritime Laws a Maritime Injury Lawyer Handles

The Jones Act (For Seamen)

The Jones Act, formally known as Section 688 of the Revised Statutes, is the cornerstone of maritime worker protection in the United States. Passed in 1920, it fundamentally changed maritime law by allowing seamen to sue their employers for negligence—a right unavailable to other American workers.

Who qualifies as a seaman: This is the threshold question. You don’t have to work 100% of the time aboard a vessel. Generally, you must spend at least 30% of your work time aboard an operable vessel in navigation, and your duties must significantly contribute to the vessel’s function. This includes captains, deckhand, engineers, cooks, and many other crew positions.

The definition is flexible enough to cover full-time and part-time workers, and it includes foreign workers aboard U.S. flagged vessels. However, workers who spend most of their time in port or on land—office workers, dock workers, or shipyard employees—typically don’t qualify. If your status is unclear, a maritime injury lawyer will research applicable case law to build the strongest argument for seaman classification.

Rights under the Jones Act: Once classified as a seaman, you enjoy powerful legal protections. You can sue your employer directly for negligence, something almost no other American worker can do. You can recover:

All medical expenses, past and future
Lost wages and loss of earning capacity
Pain and suffering
Permanent disability compensation
Disfigurement and loss of enjoyment of life
Punitive damages in some cases

There are no caps on these damages, meaning there’s no maximum limit to what you can recover. For severe injuries with long-term consequences, this can mean recovering hundreds of thousands or even millions of dollars.

Employer negligence and liability: To win a Jones Act case, you must prove that your employer (or someone your employer is responsible for, like a crew member) was negligent. As discussed earlier, you only need to show their negligence played any part in your injury. This lower burden of proof than typical personal injury cases makes Jones Act claims valuable even when negligence is borderline.

Examples of Jones Act claims: Consider a deck worker who slips and falls on an oily, unmaintained deck. The deck wasn’t cleaned properly (employer negligence), and your slip-and-fall injury—a broken leg and head injury—resulted. Under the Jones Act, you have a strong claim. The employer’s negligence didn’t have to be the main cause; it just had to play a part.

Or imagine an engine room worker who is burned when a defective valve fails and releases hot steam. The valve hadn’t been properly maintained for months, and the employer knew about it (negligence and unseaworthiness). You have an excellent Jones Act claim.

Longshore and Harbor Workers’ Compensation Act (LHWCA)

The LHWCA is the maritime equivalent of workers’ compensation for workers who aren’t classified as seamen. It’s a no-fault system enacted in 1927.

Who is covered: The LHWCA covers maritime workers on navigable waters or adjoining areas who don’t meet seaman status. This includes:

Longshoremen and dock workers who load and unload vessels
Shipyard workers and ship builders
Ship repairers and ship breakers
Harbor construction workers
Ship chandlers and provisioning personnel
Anyone injured while working at wharves, piers, dry docks, or maritime terminals

If you’re injured while working in these locations or roles, you’re likely covered by LHWCA even if you weren’t aboard a vessel.

Benefits available under LHWCA: LHWCA provides no-fault benefits, meaning you don’t have to prove negligence. Your employer (or their insurance) must pay:

Full medical and hospital expenses related to the injury
Temporary total disability benefits (two-thirds of average weekly wage while unable to work)
Temporary partial disability benefits (two-thirds of the difference between pre-injury and post-injury wages)
Permanent partial disability benefits based on a schedule of specific body parts and their values
Permanent total disability benefits if you can never return to work
Vocational rehabilitation and retraining benefits
Death benefits for dependents (50% of worker’s average wage for spouse, 16.67% per child)
Up to $3,000 in funeral expenses

How claims are filed and disputed: Unlike Jones Act lawsuits filed in court, LHWCA claims are administrative proceedings. You file a claim with the Department of Labor or the state workers’ compensation agency. If your employer or their insurance denies the claim, you can request a hearing before an administrative law judge. If you lose at that level, you can appeal to higher courts. A maritime injury lawyer handles all these proceedings and ensures your rights are protected.

General Maritime Law

Beyond the Jones Act and LHWCA, general maritime law provides additional remedies developed through centuries of court precedent.

Unseaworthiness claims: As mentioned earlier, unseaworthiness is a strict liability claim. If a vessel is defective in any way that renders it unfit for its use, and a seaman is injured because of that defect, the shipowner is liable. This doesn’t require proving negligence; it’s automatic liability.

Unseaworthiness covers defects in the vessel itself (broken equipment, structural damage), defects in the crew (incompetent or inadequately trained crew members), and defects in operations (unsafe practices or procedures). Unseaworthiness claims often accompany Jones Act negligence claims, and they’re frequently the stronger claim because they don’t require proving negligence.

Maintenance and cure benefits: This is an ancient maritime remedy that remains incredibly valuable. Maintenance is a daily living allowance covering room, board, and utilities. Cure is full payment of all medical expenses. These benefits are provided automatically whenever a seaman is injured in service to the vessel, regardless of fault.

If your employer denies maintenance and cure, a maritime injury lawyer can pursue punitive damages for the denial, often resulting in much larger payouts than simple unpaid maintenance and cure itself. This remedy exists because maritime law recognizes that seamen are completely dependent on their employers while at sea.

Wrongful death claims at sea: If a maritime worker dies from an injury, surviving family members can pursue wrongful death claims. These might be pursued under the Jones Act (for seamen), the LHWCA (for covered non-seamen), or general maritime law (for unseaworthiness-related deaths). The family can recover funeral expenses, loss of financial support, and in some cases, loss of companionship.

Death on the High Seas Act (DOHSA)

The Death on the High Seas Act applies to a specific scenario: when a worker or passenger dies from maritime injuries more than three nautical miles from the U.S. shore, aboard a commercial vessel.

When DOHSA applies: DOHSA applies when death occurs:

More than three nautical miles from the U.S. shore (in international waters or beyond U.S. territorial limits)
Aboard a commercial vessel (not private or recreational boats in most cases)
From maritime negligence, unseaworthiness, or other at-fault conduct

Compensation limits and eligibility: DOHSA is limited compared to state wrongful death laws. Only specific family members can recover:

Surviving spouse
Children
Parents
Dependent relatives

These beneficiaries can recover only pecuniary (financial) losses—meaning the money the deceased would have provided to family members. Non-economic damages like loss of consortium (the companionship and intimacy between spouses) are not recoverable under DOHSA, even though they might be recoverable under state law.

Differences from state wrongful death laws: State wrongful death laws often allow broader damages, including non-economic losses. However, DOHSA also provides some advantages: it covers deaths anywhere on the high seas regardless of which country’s courts might claim jurisdiction, and it provides a federal remedy for family members that might not exist in certain states.

Types of Maritime Injury Claims Handled by Maritime Injury Lawyers

Offshore and Oil Rig Injuries

Offshore oil and gas workers face some of the most dangerous conditions in any industry. These workers operate in extreme environments with heavy machinery, explosive equipment, and toxic substances.

Explosions, fires, and equipment failures: Offshore platforms are inherently hazardous. Explosions from accumulated gases, fires from electrical ignition or welding accidents, and equipment failures from poor maintenance or defective design injure workers regularly. These catastrophic injuries typically result in extensive burns, respiratory damage, traumatic brain injury, or death.

Exposure to hazardous substances: Workers are exposed to hydrogen sulfide (H2S), chlorine, crude oil vapors, benzene, and other toxic chemicals. Prolonged exposure causes respiratory diseases, chemical burns, neurological damage, and long-term health conditions. A maritime injury lawyer pursues claims for both immediate injuries and long-term illness from chemical exposure.

Ship, Boat, and Vessel Accidents

Commercial vessels large and small carry injury risks throughout daily operations.

Slips and falls: These account for roughly a quarter of all maritime injuries. Slippery decks, objects in walkways, poor lighting, and the constant motion of vessels make falls inevitable if adequate safety precautions aren’t taken. Falls result in broken bones, head injuries, spinal cord injuries, and death.

Man-overboard incidents: Workers fall from vessels and are either rescued or lost. These tragic incidents often result from inadequate railings, lack of life preservers, unsafe working at heights, or failure to conduct proper watch procedures.

Collisions and capsizing: Vessel collisions and capsizing events cause catastrophic injuries, death, and property loss. These incidents often result from negligent navigation, inadequate crew training, faulty equipment, or failure to follow maritime regulations.

Dock and Port Injuries

Dockworkers face unique hazards in the busy port environment.

Crane and cargo accidents: Cargo cranes operate in tight spaces with multiple workers present. A crane operator’s mistake, inadequate training, or equipment failure can drop tons of cargo on workers below, causing crushing injuries, amputations, and death.

Falling objects and heavy machinery injuries: Containers fall from stacks, cargo hooks break and drop loads, and heavy equipment strikes unsuspecting workers. Inadequate warnings, lack of personal protective equipment, and poor safety procedures cause preventable injuries.

Passenger and Cruise Ship Injuries

Cruise ship passengers and crew members are sometimes injured due to cruise line negligence.

Slip and fall cases: Despite all their safety measures, cruise ships regularly have slippery decks, uneven surfaces, and inadequate warning of hazards. Passengers slip and fall, suffering broken bones, head injuries, and other trauma.

Medical negligence aboard ships: Cruise ships have medical facilities and medical personnel. If the ship’s doctor or medical staff provides negligent care, results in missed diagnoses, or fails to evacuate a seriously ill passenger in time, the cruise line can be liable.

Common Maritime Injuries and Long-Term Impact

Maritime injuries are frequently severe, with consequences that last a lifetime.

Traumatic brain injuries: Falls, struck-by accidents, and explosions cause head trauma that can result in permanent cognitive impairment, personality changes, memory loss, and inability to work.

Spinal cord and back injuries: Lifting heavy objects, falls, and crush injuries damage the spine. These injuries often result in permanent paralysis, chronic pain, loss of mobility, and dependence on assistive devices.

Burns and chemical exposure: Maritime workers exposed to fire, steam, chemicals, and hot liquids suffer severe burns. Burns result in disfigurement, scarring, infection, and psychological trauma.

Amputations and crush injuries: Machinery accidents, falls from height, and heavy equipment failures cause severing of limbs and crushing of body parts. Amputation means permanent disability, loss of earning capacity, and dependence on prosthetics.

Psychological trauma and PTSD: Surviving a catastrophic maritime accident, witnessing a coworker’s death or severe injury, or spending time fighting for survival in the ocean causes lasting psychological damage. Maritime workers often suffer post-traumatic stress disorder, depression, and anxiety.

These injuries don’t just affect the worker—they devastate families, disrupt careers, and create lifelong dependencies on medical care and support.

What Compensation Can a Maritime Injury Lawyer Help You Recover?

Medical Expenses

Your injuries require treatment, potentially for the rest of your life. Maritime injury claims cover all reasonable and necessary medical care related to the injury.

Emergency care: Initial hospitalization, emergency surgery, and trauma care.

Long-term treatment and rehabilitation: Ongoing surgeries, physical therapy, occupational therapy, mental health counseling, medications, and medical devices like wheelchairs, prosthetics, or braces.

The beauty of maritime law is that there’s no cap on medical damages. For severe injuries requiring decades of care, you can recover the full cost of that care.

Lost Wages and Loss of Future Earnings

Injuries prevent you from working and earning income. Maritime law compensates this loss in two ways.

Temporary vs permanent disability: If you eventually return to work, you recover lost wages from the injury date until your return. If your injury is permanent and prevents you from ever working again, you recover your lost earning capacity for the remainder of your work-life expectancy.

Impact on career and earning capacity: Maritime workers typically earn significantly more than comparable land-based workers. A longshoreman injured and unable to return to that work might have to take a much lower-paying job. Maritime law compensates for the difference in earning capacity, calculated over decades of remaining work-life.

Pain and Suffering

Beyond economic damages, maritime law recognizes that you’ve suffered—physically and emotionally.

Physical pain: Chronic pain from your injuries, pain from necessary medical procedures, and disability-related suffering are all compensable.

Emotional distress: Anxiety about your future, depression from disability, trauma from nearly dying, and loss of independence are real damages that deserve compensation.

Pain and suffering damages are determined by juries and can be substantial in severe cases. A paralyzed worker might receive hundreds of thousands of dollars in pain and suffering compensation.

Maintenance and Cure Benefits

If you’re classified as a seaman, you’re entitled to maintenance (living expenses) and cure (medical expenses) from the moment of injury until you reach maximum medical improvement.

Daily living expenses: Room and board, utilities, and basic necessities are covered while you recover.

Medical treatment coverage: Every aspect of your medical care—surgery, hospitalization, medications, therapy, transportation to appointments—is covered without limitation.

Maintenance and cure is technically a separate remedy from your lawsuit damages, meaning you can recover both maintenance and cure and separate compensation for negligence and pain and suffering.

Wrongful Death Compensation

If your loved one died from a maritime injury, their estate and dependents can recover:

Funeral expenses: Full cost of funeral, burial, and related services.

Loss of financial support: The income and support the deceased would have provided to family members.

Loss of companionship: Under some maritime laws, family members can recover for the lost relationship and companionship (though not under DOHSA).

Wrongful death claims can result in substantial compensation, especially if the deceased was earning a high maritime wage and had a long remaining work-life expectancy.

When Should You Hire a Maritime Injury Lawyer?

Immediately After an Offshore Accident

The sooner you contact a maritime injury lawyer, the better. This isn’t just because of statute of limitations deadlines (though those matter). It’s because evidence preservation begins immediately.

Within hours of an accident, maritime vessels make repairs, crew members move locations or transfer to other ships, and memories become fuzzy. A maritime injury lawyer can immediately send preservation letters to your employer and insurance company, requiring them to preserve all evidence. They can interview witnesses while their recollections are fresh. They can gather photographs and video of the accident scene before it’s cleaned up.

Before Giving Statements to Employers or Insurers

Here’s a critical piece of advice: don’t give a detailed statement to your employer, the insurance adjuster, or anyone else about the accident before speaking with a maritime injury lawyer. This isn’t paranoia; it’s strategy.

Insurance companies ask questions designed to build a defense against your claim. They’re looking for any inconsistency in your story, any admission that you were partially at fault, or any indication that your injuries aren’t as serious as you claim. Your maritime injury lawyer will advise you on what to say and what to avoid.

This doesn’t mean hiding information. It means avoiding unguarded statements that might hurt your case. Your lawyer speaks to the insurance company on your behalf, protecting your interests while being truthful and forthright.

When Injury Affects Ability to Work

If your injury prevents you from working, time becomes critical. The longer you wait to file a claim, the longer you go without compensation. Additionally, gaps in medical treatment or documentation make it easier for insurance companies to argue your injuries aren’t serious.

Signs Your Employer Is Denying Responsibility

If your employer initially pays for treatment but then stops, or if they deny the injury happened at all, you need a lawyer immediately. These are red flags that they’re preparing to fight your claim. A maritime injury lawyer protects your rights before the situation gets worse.

How a Maritime Injury Lawyer Strengthens Your Case

Avoiding Legal Loopholes Used by Employers

Insurance companies and large employers have entire departments dedicated to finding ways to reduce or deny maritime injury claims. They understand loopholes in maritime law and procedural tricks. An experienced maritime injury lawyer knows these tricks and blocks them:

They ensure you file under the correct statute (Jones Act vs. LHWCA vs. DOHSA) to maximize your benefits
They establish seaman status properly to qualify for the strongest protections
They ensure jurisdiction is proper and venue is favorable
They protect you from signing away rights through settlement offers that seem generous but actually undercompensate you
They overcome comparative negligence defenses (claims that you were partially at fault)

Preserving Evidence

Evidence deteriorates with time. A maritime injury lawyer immediately moves to preserve everything:

Vessel logs and maintenance records
Video footage and photographs from the scene
GPS data and navigation records
Voyages Data Recorders (VDRs)
Witness statements and crew records
Medical records and imaging
Communications between employer and insurance company

This preservation often requires sending formal preservation letters (called “spoliation notices”) to the employer. If they destroy evidence after receiving these letters, courts impose severe penalties, sometimes even awarding damages to the victim for the destroyed evidence.

Meeting Federal Filing Deadlines

Missing a deadline by a single day can result in losing your case permanently. Maritime injury lawyers maintain detailed deadline calendars and ensure nothing is missed:

Three-year statute of limitations for Jones Act claims
One-year deadline to report LHWCA injuries to your employer
Three-year deadline for DOHSA wrongful death claims
Specific notice and filing requirements for administrative claims

Maximizing Compensation

Through investigation, expert testimony, and skillful negotiation, maritime injury lawyers substantially increase what clients recover. They:

Hire medical experts to establish the severity of injuries and long-term care needs
Retain economic experts to calculate lost earning capacity over decades
Obtain naval architects and safety experts to prove negligence and unseaworthiness
Build a compelling narrative of the injury’s impact on your life
Negotiate aggressively with insurance companies
Prepare for trial so thoroughly that settlements increase dramatically

How to Choose the Right Maritime Injury Lawyer

Selecting the right maritime injury lawyer might be the most important decision you make in this process. The wrong lawyer can cost you significant money; the right lawyer can change your life.

Experience With Maritime Law

Don’t hire a personal injury lawyer who also handles maritime cases. Hire a maritime injury lawyer who occasionally handles other types of cases. Look for attorneys with:

Track record with Jones Act and offshore cases: How many Jones Act cases have they handled? What are their typical settlements and verdicts? Have they successfully represented seamen, dock workers, and offshore workers?
Years of experience: Generally, look for attorneys with at least 10-15 years of maritime law experience. This gives them exposure to the full variety of maritime injuries and legal scenarios.
Published articles and bar association involvement: Attorneys recognized as experts in maritime law often publish articles, speak at conferences, and hold leadership positions in maritime law sections of bar associations. This recognition indicates deep expertise.

Resources and Expert Access

Maritime cases require expert witnesses. Does your potential attorney have access to:

Investigators: Former Coast Guard officials, maritime investigators, or private investigators experienced in maritime accidents
Naval architects: Engineers who can testify about vessel design and seaworthiness
Marine engineers: Specialists who can determine equipment failure and maintenance issues
Medical experts: Physicians specialized in maritime injuries and long-term prognosis
Economic experts: Economists who calculate lost earning capacity

If a lawyer represents a lot of maritime cases, they’ve already built relationships with quality experts and can move quickly. If they’re new to maritime law, they’ll be scrambling to find competent experts, wasting precious time and money.

Contingency Fees Explained

No upfront legal costs: Virtually all maritime injury lawyers work on contingency, meaning you don’t pay anything upfront. The attorney funds the entire case—investigation, expert fees, filing fees, court costs—out of pocket, betting that your case will win.

How lawyers get paid: The attorney takes a percentage of your final settlement or verdict. The typical range is 33% to 40%, though it can be lower or higher depending on the complexity of your case and how far it progresses. For instance, a case that settles early might be 33%, while a case that goes to trial might be 40%.

The critical question to ask: How much of any settlement or verdict do I receive after attorney’s fees and case expenses? A lawyer who takes 40% and spends $50,000 on experts means you receive 60% minus $50,000. Understanding these numbers upfront is essential.

Questions to Ask Before Hiring

When interviewing maritime injury lawyers, ask:

Case experience: “How many maritime injury cases have you handled? How many under the Jones Act specifically? What were your typical outcomes?”

Expected timeline: “How long do you expect my case to take? What are the typical stages?” (Most maritime cases resolve within 12-36 months, but complex cases take longer.)

Communication style: “How often will you update me? Can I call with questions? Will I work primarily with you or with a paralegal?”

Fee structure: “What percentage do you take? Are there other costs I should know about? How are case expenses handled?”

Resources: “What experts do you typically use? Who will handle investigation?”

Strategy: “Based on what you’ve heard about my case, what’s your initial assessment of its strength? What legal claims do you see?”

Listen to their answers carefully. You want a lawyer who’s confident but realistic, who explains things clearly, and who makes you feel heard and respected.

Common Mistakes Injured Maritime Workers Make

Waiting Too Long to Get Legal Help

Many injured workers hope their employer will “do the right thing” and pay for medical bills and lost wages without a fight. Some are afraid of legal costs. Others just don’t realize how important early legal help is.

The reality: waiting weeks or months to contact a maritime injury lawyer costs you. Evidence disappears, witnesses relocate, memories fade, and deadlines approach. Additionally, your employer’s insurance company is already evaluating your claim and preparing a defense. You’re fighting with one hand behind your back if you don’t have legal representation.

Signing Documents Without Legal Advice

Your employer hands you forms to sign. Maybe it’s an injury report, maybe it’s a medical authorization, maybe it’s a settlement offer. The insurance company calls and suggests you sign something to “speed up the process.”

Do not sign anything without a maritime injury lawyer reviewing it first. Insurance companies sometimes hide release clauses in forms that look innocuous. Some settlement offers include language that waives your right to future claims or prevents you from filing additional lawsuits. Others undercompensate you significantly because they’re written with favorable assumptions for the insurance company.

Accepting Low Settlements

Insurance companies make quick settlement offers, sometimes within weeks of an injury. These initial offers are almost always far too low. They’re testing whether you’ll accept a quick check rather than pursuing a full claim.

Accepting a low settlement because you’re desperate for money now—even though your medical bills are mounting—can be a devastating mistake. Once you accept a settlement and sign a release, you forfeit your right to pursue additional compensation, even if your injuries prove worse than initially expected.

Assuming Workers’ Compensation Applies

This fundamental mistake happens surprisingly often. A maritime worker gets injured and assumes they can file a workers’ compensation claim like their land-based friends and family. They file with their state’s workers’ compensation board, receive minimal benefits, and assume that’s all they’re entitled to.

Not true. If you’re a seaman, you have Jones Act rights that are far more valuable than workers’ compensation. If you’re a dock worker, you have LHWCA rights that provide better benefits than standard workers’ compensation. Filing in the wrong system might prevent you from accessing the laws that actually apply to you.

This is why hiring a maritime injury lawyer immediately is so important. They ensure you’re pursuing claims under the correct legal framework.

FAQs About Maritime Injury Lawyers

Do Maritime Injury Lawyers Offer Free Consultations?

Yes. Virtually all maritime injury lawyers offer free initial consultations. There’s no obligation, no charge, and no commitment. This is your opportunity to tell your story, ask questions, and evaluate whether the attorney is right for you.

Many maritime injury lawyers even offer free consultations over the phone or through video conference, so you don’t have to travel to their office. Some will meet with you at your home or hospital if you’re unable to travel due to injuries.

How Long Do Maritime Injury Cases Take?

This varies significantly based on case complexity and settlement behavior. Simple cases where liability is clear and damages are straightforward might settle within 3-6 months. More complex cases involving multiple parties, serious injuries, or disputed liability typically take 12-36 months.

Cases that go to trial take longer—often 3-5 years from injury to final verdict, including appeals. However, most maritime injury cases never reach trial; they settle during the discovery and negotiation phases.

Factors affecting timeline include:

Complexity of the accident and causation
Severity of injuries and long-term prognosis
Number of parties involved
Cooperation of witnesses and your employer
Insurance company’s willingness to negotiate reasonably
Whether you proceed to trial

Can I Sue My Employer Under Maritime Law?

Yes—this is one of the defining features of maritime law. Under the Jones Act, you can sue your employer directly for negligence. This is unique; most American workers cannot sue their employers because workers’ compensation bars such lawsuits in exchange for providing automatic benefits.

Maritime law recognizes that workers at sea have special needs and deserve enhanced protections. The right to sue your employer is part of that protection.

However, some limitations apply. You generally cannot sue an employer under LHWCA in the same way you can under the Jones Act, because LHWCA already provides comprehensive no-fault benefits. And if you settle your case, you’ve released your right to sue.

What If the Accident Happened in International Waters?

Jurisdiction becomes more complex in international waters. Generally:

If you were working on a U.S.-flagged vessel, U.S. maritime law applies, and you can pursue Jones Act claims in U.S. courts
If you were working on a foreign-flagged vessel and you’re a U.S. worker, you might have limited recourse in U.S. courts; the laws of the country where the vessel is registered might apply instead
If you’re a foreign worker on any vessel, your rights depend on maritime treaties and flag state laws

This is why the nationality of the vessel and the nationality of workers matter significantly. A maritime injury lawyer can determine which legal system applies to your specific situation.

Why a Maritime Injury Lawyer Can Protect Your Future

If you’ve been injured working on the water—whether aboard a cargo ship, an offshore oil rig, a fishing vessel, a dock, or a cruise ship—you face a complex legal landscape filled with technical statutes, strategic decisions, and sophisticated opponents. The difference between hiring a maritime injury lawyer and trying to navigate this alone can be hundreds of thousands of dollars.

A maritime injury lawyer investigates your accident thoroughly, determines which maritime laws apply to your situation, gathers compelling evidence, preserves critical documents, and negotiates aggressively on your behalf. They understand the Jones Act, the LHWCA, maintenance and cure benefits, unseaworthiness doctrine, and countless other maritime legal principles that protect workers at sea.

More importantly, they protect you from the mistakes that cost injured workers their cases. They ensure you meet strict filing deadlines, you don’t sign away your rights, you understand what your claim is truly worth, and you don’t accept unreasonably low settlements.

Maritime work is dangerous, but maritime law is comprehensive. You deserve a skilled advocate who understands that law and fights aggressively for your rights. If you’ve been injured at sea, don’t wait. Contact an experienced maritime injury lawyer today for a free consultation, and learn what compensation you deserve for your suffering and lost time.

Your recovery matters. Your future matters. And the right maritime injury lawyer will fight to protect both.