Maritime Injury Laws Explained: Jones Act, LHWCA, and Seamen’s Rights

If you work on the water—whether as a crew member on a fishing boat, a deckhand on a cargo ship, a dock worker loading containers, or an offshore oil rig worker—you face unique dangers that land-based workers simply don’t experience. The waves, the heavy machinery, the slippery decks, the extreme weather, the long hours away from medical help—these combine to create serious injury risks every single day.

Here’s the thing: if you get hurt at work on land, your employer’s workers’ compensation insurance typically covers you. It’s a “no-fault” system—meaning you don’t have to prove anyone did anything wrong; you just file a claim and receive benefits. Maritime workers, though? The rules are completely different. In fact, traditional workers’ compensation often doesn’t apply to you at all.

Instead, you’re protected by a completely separate set of federal maritime laws. These laws are older than most people realize (some dating back over a century), and they exist for one reason: because maritime work is inherently different and significantly more dangerous than land-based employment.

This guide will walk you through the three main federal maritime laws that protect injured workers at sea: the Jones Act (which covers seamen), the Longshore and Harbor Workers’ Compensation Act or LHWCA (which covers harbor and dock workers), and the important protections of general maritime law. We’ll explain who qualifies under each law, what compensation you can receive, what mistakes to avoid, and why understanding these laws before an injury happens can literally change your financial future.

Let’s start with why maritime work operates under completely different legal rules than everything else.

Why Maritime Work Is Legally Different From Land-Based Jobs

The federal government treats maritime work differently for a practical reason: the ocean doesn’t follow normal legal boundaries. When you’re working on a vessel in international waters, state workers’ compensation laws don’t make sense. You might be hundreds of miles from shore, weeks away from a doctor, under a completely different set of conditions than anyone who works on land.

Because of this, Congress created federal maritime law to provide uniform protections across all states and all waters—both U.S. waters and international waters. This is the only area of law where the federal government has almost complete control.

Maritime law recognizes something fundamental that regular workers’ compensation law doesn’t: maritime workers assume special risks. A fall on a wet deck at midnight with no safety net is different from a fall in an office building. An equipment failure on an oil rig miles offshore is different from a machinery accident in a factory. The environment itself is hostile—it’s not just the work that’s dangerous; the very place where you’re working is dangerous.

Why Normal Workers’ Compensation Often Doesn’t Apply

Here’s where many maritime workers get confused. Most U.S. workers are covered by state workers’ compensation programs. These are no-fault systems—your employer pays into an insurance fund, and if you’re injured on the job, you’re automatically entitled to medical benefits and partial wage replacement, regardless of who caused the accident.

But maritime workers? You typically don’t get that automatic protection. The reason is historical and practical: when maritime law was developed, the idea was that seamen (people who work aboard vessels) should have the right to sue their employers directly for negligence, rather than being limited to a fixed workers’ compensation award.

This actually gave seamen MORE rights than land-based workers in many ways. Instead of being locked into a no-fault workers’ compensation system with limited benefits, you could potentially recover much larger amounts of money by proving your employer was negligent. But it also means you have to do more to get compensated—you have to prove your employer made a mistake or failed to provide a safe workplace.

There’s an exception, though: if you work on shore (like at a dock or shipyard) rather than aboard a vessel, you might be covered by the LHWCA, which is a federal workers’ compensation system specifically for maritime workers who don’t qualify as “seamen.”

How Federal Maritime Laws Protect Injured Workers at Sea

Federal maritime law provides multiple layers of protection. Some of these protections don’t require you to prove anyone did anything wrong. Others require you to show negligence. Some cover medical expenses. Others cover lost wages, pain and suffering, and disability.

The main protection is the Jones Act, which allows you to sue your employer for negligence if you’re injured. But even if your employer wasn’t negligent, other protections kick in—like “maintenance and cure,” which requires your employer to pay your living expenses and medical bills while you recover, regardless of fault.

There’s also the doctrine of “unseaworthiness,” which holds that the vessel owner must provide you with a seaworthy vessel—meaning one that’s safe and properly maintained. If the ship is unseaworthy and you get hurt, the owner is liable regardless of whether they knew about the problem or whether anyone was negligent.

These laws exist because Congress recognized that maritime workers need special protection. The ocean is dangerous. Employers sometimes cut corners on safety. Workers get hurt. Federal law steps in to make sure those workers aren’t left with nothing.

What This Guide Will Help You Understand

By the time you finish reading this guide, you’ll understand:

• What maritime law (admiralty law) is and why it’s different from everything else

• The difference between federal and state jurisdiction in maritime cases

• Who qualifies as a maritime worker under U.S. law

• How the Jones Act protects seamen and what you need to prove to win a claim

• What the LHWCA covers and how to file a claim

• Your rights to maintenance and cure benefits, which pay your bills while you recover

• The doctrine of unseaworthiness and how it protects you

• What happens if your employer retaliates against you for filing an injury claim

• The Death on the High Seas Act and when it applies

• Common maritime injury scenarios and which law applies to each

• Mistakes you should avoid that could cost you thousands of dollars

• Why maritime law is so complex and what you should do about it

Let’s start by building your foundation of understanding.

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Understanding the Basics of Maritime Injury Law

What Maritime Law (Admiralty Law) Is

Maritime law—also called admiralty law—is a specialized body of federal law that governs everything related to the ocean and ships. It covers navigation, shipping, cargo, insurance, and the rights and obligations of people who work on the water.

When you hear the word “admiralty,” it comes from history. In medieval Europe, kings appointed “Admirals” to oversee maritime commerce and resolve disputes at sea. Over centuries, this evolved into a distinct legal system. The United States inherited this system from England, and today, federal courts apply admiralty and maritime law to resolve disputes involving maritime activities.

Maritime law includes both ancient principles that have been around for hundreds of years and modern federal statutes passed by Congress. Some maritime principles are so old and so consistent that courts recognize them as “general maritime law”—basically, principles that have been recognized for so long that they’re considered the law even without a statute saying it explicitly.

The key thing to understand is that maritime law is federal law. It’s not something the states control. This is intentional. Congress wanted one uniform system of maritime law applied everywhere, so that maritime commerce would be predictable and consistent, whether you’re working in Alaska, the Gulf of Mexico, or international waters.

Federal vs. State Jurisdiction in Maritime Cases

Here’s a practical question: if you get injured on a vessel, can you sue in your state court, or do you have to go to federal court?

The answer is: it depends, but mostly you have options.

Under the Constitution and a 1789 federal law (now codified as 28 U.S.C. § 1333), federal district courts have jurisdiction over all maritime and admiralty cases. This means federal courts were given the power to hear maritime injury cases.

However—and this is important—there’s a clause called the “saving to suitors” clause that allows you to pursue certain maritime claims in state court as well. This means you often have a choice. You can file your maritime injury claim in federal court, or you can file it in state court (in the state where you live or where your employer is located).

The key difference: if your case goes to state court, the state court must still apply federal maritime law—not state law. This is called the “reverse-Erie doctrine.” A state judge hearing a maritime case applies federal maritime law, even if that conflicts with the state’s own laws. This ensures that maritime law remains uniform across the country.

Why would this matter to you? Sometimes state court can be more convenient or faster. You might prefer to file in the state where you already live. But regardless of which court hears your case, the maritime laws we’re discussing will apply.

Who Qualifies as a Maritime Worker Under U.S. Law

“Maritime worker” is a broad category. It includes seamen (people who work aboard vessels), harbor workers (people who work loading and unloading cargo), shipyard workers (people who repair and build ships), and many others.

But the specific type of maritime worker you are determines which laws protect you. This is crucial, because different maritime workers have different rights.

A “seaman” working aboard a vessel has the strongest protections under the Jones Act. A dock worker has protections under the LHWCA. Someone working on a fixed oil platform might have protections under different laws (the Outer Continental Shelf Lands Act). A passenger on a cruise ship has yet another set of rights.

The question of which law applies to you depends on answering: What exactly is your job? Where exactly do you work? How much time do you spend on a vessel versus on land?

These aren’t always easy questions. This is why one of the most common reasons maritime workers lose money is misclassification—either the worker doesn’t understand which law applies to them, or their employer tells them the wrong thing.

Why Worker Classification Is the Foundation of Every Claim

Here’s why classification matters so much: the law you’re covered by determines everything about your case.

If you qualify as a “seaman,” you have the right to sue your employer directly for negligence. You can recover damages for medical expenses, lost wages, pain and suffering, and more. Your case goes to a jury trial if you want one. You have powerful protections.

If you don’t qualify as a seaman but instead qualify as a harbor or dock worker under the LHWCA, you have a no-fault workers’ compensation system. You don’t have to prove negligence. But your benefits are limited to medical expenses and a percentage of your lost wages (specifically, two-thirds). You can’t recover for pain and suffering. You can’t sue your employer (but you might be able to sue third parties who caused your injury).

The difference between being classified as a “seaman” versus an “LHWCA worker” could mean a difference of hundreds of thousands of dollars in a serious case. An oil rig worker who qualifies as a seaman might recover $1 million in a permanent injury case. A dock worker covered only under the LHWCA might recover a fraction of that.

This is why the first question in any maritime injury case is: “Does this person qualify as a seaman under the Jones Act, or does the LHWCA apply, or is it something else?” Everything flows from that answer.

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Who Is Covered Under Maritime Injury Laws?

Seamen

Definition of a Seaman Under Maritime Law

A “seaman” under maritime law is someone who works aboard a vessel and has a significant relationship with that vessel. But what does “works aboard a vessel” really mean?

The Supreme Court has developed a specific test over the decades to answer this question. Courts now use what’s called the “two-part test” or the “Chandris test” (named after a famous Supreme Court case).

Under this test, to be a seaman, you must satisfy two things:

First, your job duties must actually contribute to the function of the vessel or the accomplishment of its mission. This is pretty broad. It doesn’t matter if you’re doing the actual steering or navigating. You could be a cook, an electrician, a mechanic, a deckhand, an engineer, a steward, or any number of jobs. As long as your job supports the vessel’s operation, you qualify on this part of the test.

The idea here is that everyone on a working vessel contributes in some way to that vessel’s success. A cook feeds the crew, which keeps them able to work. An electrician keeps the power running. A deckhand handles cargo and ropes. All of these roles contribute to the vessel’s function.

Second, you must have a substantial connection to a vessel in navigation. This has two parts within it: duration and nature. Let’s break it down.

Connection to a Vessel and Time-at-Sea Requirement

Here’s where many maritime workers get confused. You don’t have to spend 100% of your time on a vessel to qualify as a seaman. You don’t even have to spend a majority of your time on a vessel.

Instead, courts use a practical rule: if you spend at least 30% of your working time in service to a vessel, you generally qualify.

But wait—what counts as “in service to a vessel”? It’s not just standing on the deck. It’s working aboard the vessel or working on tasks that directly relate to the vessel. If you’re a welder who works primarily at a dock but occasionally welders on barges, you probably don’t qualify, because your presence on the vessel is “transient”—meaning temporary and not a real part of your job.

The key thing courts look at is whether your connection to the vessel is “substantial in terms of both duration and nature.” Does the work happen regularly? Is it a genuine part of your job, not just an occasional task? Are you counted as part of the vessel’s crew, or are you just visiting for a quick job?

Here’s a practical example: a deckhand on a cargo ship who works 300+ days a year aboard the ship—obviously qualifies. A port engineer who spends maybe 5 days a month on various vessels checking machinery—probably doesn’t qualify. A tugboat operator who works about 60% of their time on tugboats—clearly qualifies.

One more important point: the vessel doesn’t have to be moving at the time of your injury. Even if the ship is docked, if it’s staffed and ready to operate, it still counts as a “vessel in navigation.” So if you get hurt while working on a ship that’s moored at a dock but is actively being worked on and is capable of leaving, you’re still protected as a seaman.

Longshore and Harbor Workers

Dockworkers, Shipbuilders, Terminal Workers

The Longshore and Harbor Workers’ Compensation Act (LHWCA) covers a different category of maritime workers. These are workers who work in maritime occupations but who don’t meet the definition of “seamen.”

Typically, this includes:

• Longshoremen and dock workers (people who load and unload cargo)

• Shipyard workers (people who build, repair, and maintain ships)

• Ship breakers (people who dismantle old vessels)

• Crane operators at ports and terminals

• Terminal workers

• Maintenance workers at docks and shipyards

The common thread: these workers all work in maritime occupations, and they all work on or near navigable waters, but they’re primarily based on land. They’re not part of the vessel’s crew. They don’t make extended voyages. They work at ports, terminals, shipyards, and docks.

The LHWCA applies to workers injured while working on navigable waters or in facilities that are on or near navigable waters—places like piers, wharves, terminals, docks, and shipyards where vessels are loaded, unloaded, repaired, or maintained.

Why They Fall Under a Separate Federal Law

Why did Congress create a separate law for these workers instead of just having them covered under the Jones Act?

The basic reason: these workers aren’t really “seamen.” They don’t work aboard vessels. They don’t have the same relationship with ships that deck crews do. So Congress created the LHWCA in 1927 as a federal workers’ compensation law specifically for maritime workers who worked on or near the water but weren’t part of a ship’s crew.

The LHWCA is structured like traditional workers’ compensation. It’s a no-fault system. You don’t have to prove your employer was negligent. You just have to show that you were injured on the job while working on navigable waters or in a maritime facility. You automatically get medical benefits and wage replacement benefits. The trade-off is that your benefits are limited compared to what a seaman might recover under the Jones Act.

Offshore and Oil Rig Workers

Fixed Platforms vs. Vessels

This is where things get complicated, because offshore oil and gas operations use different types of structures, and the type of structure you work on determines which law protects you.

Mobile offshore drilling units—like jack-up rigs or semi-submersible drilling rigs—are considered “vessels” under maritime law because they’re designed to be moved from place to place. Workers on these mobile rigs can qualify as seamen under the Jones Act. If you spend 30% or more of your time on a mobile offshore rig, you meet the seaman test, and you have Jones Act protections.

Fixed platforms, though, are permanently anchored to the ocean floor. They’re not designed to move. They’re basically artificial islands. Because they’re not vessels, Jones Act protections generally don’t apply to workers on fixed platforms. Instead, these workers are covered by a different federal law called the Outer Continental Shelf Lands Act (OCSLA), which applies federal laws from the adjacent state.

The practical effect: an oil rig worker on a mobile rig might have Jones Act protections. An oil rig worker on a fixed platform has different protections.

Why Classification Disputes Are Common

You can see why classification disputes are so common in the offshore industry. An oil company might argue that a particular structure is a “fixed platform,” not a “vessel,” to try to avoid giving workers Jones Act protections. A worker might argue the opposite.

The Supreme Court clarified the definition years ago: a vessel doesn’t have to be self-propelled or even currently mobile. It just has to be “capable of being used as a means of transportation on water.” So an oil rig that could theoretically be moved (even if it hasn’t been in years) might still qualify as a vessel.

These disputes often end up in court, which is why any offshore worker injured in an accident should consult with an attorney experienced in maritime law. Getting your classification right from the start can mean the difference between receiving strong protections and receiving weaker protections.

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The Jones Act Explained (For Seamen)

What Is the Jones Act?

The Jones Act is formally known as Section 27 of the Merchant Marine Act of 1920. It’s one of the most important federal laws protecting maritime workers, and it’s been around for over a century.

Here’s what the Jones Act does: it allows injured seamen to sue their employers directly for negligence. This was revolutionary when it was passed, because before the Jones Act existed, seamen had very limited legal remedies if they were injured on the job.

The law was created because Congress recognized something fundamental: maritime work is dangerous, and maritime workers needed real legal protections. Workers go out on the ocean, work long hours, encounter hazardous equipment and conditions, and often can’t reach a doctor for days or weeks if something goes wrong. Congress decided that these workers should have the right to hold their employers accountable in court, rather than being limited to a fixed workers’ compensation award.

Who Qualifies Under the Jones Act?

We’ve already covered much of this, but let’s review the key points:

To qualify as a “seaman” under the Jones Act, you must:

1. Spend at least 30% of your working time in service to a vessel

2. Have duties that contribute to the function or mission of the vessel

3. Have a substantial connection to a vessel in navigation (not just a temporary presence)

4. Work on a vessel that is capable of operating on navigable waters

The vessel can be docked or moored when you’re injured—it doesn’t have to be actively sailing. But it must be afloat, capable of movement, and an operating vessel (not a ship under construction or being tested).

What qualifies as a “vessel”? Pretty much anything designed to operate on water: cargo ships, tankers, tugboats, fishing boats, cruise ships, barges, offshore drilling rigs (if they’re mobile), dredges, pontoon rafts, and even floating casinos.

The question courts struggle with isn’t usually “Is this a vessel?” but rather “Does this worker qualify as a seaman on this vessel?”

A cook working aboard a ship qualifies, even though the cook isn’t navigating the ship. A deckhand qualifies. An electrician maintaining the ship’s systems qualifies. An engineer qualifies. A steward qualifies. Pretty much any regular crew member qualifies.

The person who usually doesn’t qualify is someone who works primarily on land and only occasionally goes aboard a vessel—like a port inspector who visits various ships, or a repair technician who works at a shipyard.

Employer Negligence Under the Jones Act

Here’s where the Jones Act differs from regular personal injury law: you have to prove your employer was negligent to recover compensation.

But here’s the good news: the standard of proof is much lower than in ordinary personal injury cases. This is called the “featherweight” standard of causation.

All you have to prove is that your employer’s negligence played “any part, however slight” in causing your injury. It doesn’t have to be the main cause. It doesn’t have to be the most important factor. It just has to have contributed something.

Examples of employer negligence that could lead to a Jones Act claim:

• Failing to maintain safe working conditions (like a slippery, un-treated deck)

• Failing to provide proper safety equipment

• Failing to properly train crew members on dangerous tasks

• Assigning tasks that are too dangerous for the crew available

• Failing to repair or maintain equipment

• Sending a vessel to sea in an unseaworthy condition (like without proper life-saving equipment)

• Allowing incompetent or improperly trained crew members to work on dangerous tasks

• Failing to follow maritime safety regulations

Let’s look at a concrete example. Imagine a deckhand slips and falls on a wet, oily deck at night. There’s no non-skid coating on the deck (there should be). There’s no adequate lighting (there should be). There are no handrails in the area (there should be). The deckhand suffers a serious back injury.

The deckhand can sue the employer for negligence. The employer should have maintained the deck properly. The employer should have ensured adequate lighting. The employer should have provided safety features. The employer’s negligence (failure to maintain a safe deck) played a part in causing the injury, even if the deckhand might also have been partly at fault for not watching their step.

The beautiful thing about the Jones Act’s low standard of proof is that the worker doesn’t have to prove the employer’s negligence was the only cause, or even the main cause. The negligence just has to have been a contributing factor.

Compensation Available Under the Jones Act

If you win a Jones Act claim, what can you recover? Potentially a lot.

You can recover:

Medical expenses: All reasonable medical expenses related to your injury—doctor visits, surgery, hospital stays, physical therapy, medications, medical devices (like braces or prosthetics), transportation to medical appointments, and ongoing medical care. This includes both past medical expenses and future medical expenses (if you’ll need ongoing treatment).

Lost wages: All wages you lost because you couldn’t work due to your injury—from the date of the injury until you’re able to return to work.

Future lost earnings: If your injury leaves you permanently disabled or limits your earning capacity, you can recover for the difference between what you would have earned if you weren’t injured and what you’re now able to earn.

Pain and suffering: This is an important one. In traditional workers’ compensation, you can’t recover for pain and suffering. Under the Jones Act, you can. This includes physical pain, emotional distress, mental anguish, loss of enjoyment of life—all the non-economic harms that come with a serious injury.

Disability: Compensation for permanent disability or ongoing limitations.

The compensation amounts can be substantial. A seaman who loses a limb might receive hundreds of thousands of dollars. A seaman who suffers a serious permanent injury might receive millions.

Common Jones Act Claim Examples

Let’s look at some real-world scenarios:

Slip and fall on deck: A crew member slips on a wet, oily deck at night, fractures their leg, and is unable to work for four months. The vessel was in poor condition and the deck was not properly maintained. The crew member sues for medical expenses, lost wages during recovery, and pain and suffering.

Equipment malfunction: A sailor is operating a winch when the winch suddenly breaks. The mechanical failure crushes the sailor’s hand, requiring amputation. The equipment had not been properly maintained despite multiple safety inspections. The sailor sues for medical expenses, lost earning capacity, pain and suffering, and disability compensation.

Man-overboard incident: A deck worker falls overboard in rough seas. The crew takes too long to rescue the sailor because the vessel’s man-overboard procedures are inadequate and crew members are improperly trained. The sailor nearly drowns, survives with severe trauma, and suffers PTSD and physical injuries. The sailor sues for medical expenses, lost wages, pain and suffering, and emotional distress damages.

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Longshore and Harbor Workers’ Compensation Act (LHWCA) Explained

What Is the LHWCA?

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal workers’ compensation law enacted in 1927. It covers maritime workers who don’t meet the definition of “seamen” under the Jones Act.

The LHWCA is structured very differently from the Jones Act. It’s a no-fault workers’ compensation system, meaning you don’t have to prove negligence. You just have to show that you were injured on the job while working on or near navigable waters.

The law is administered by the U.S. Department of Labor through its Office of Workers’ Compensation Programs.

How It Differs From the Jones Act

The differences are significant:

Jones Act: Requires you to prove negligence. Covers seamen. Includes pain and suffering damages. Unlimited recovery potential. Allows jury trial.

LHWCA: No-fault system. No need to prove negligence. Covers harbor and dock workers who aren’t seamen. Limits recovery to medical expenses and wage replacement. Recovery is capped at a percentage of the national average weekly wage. No pain and suffering damages.

The LHWCA is actually easier to get compensation under (no need to prove negligence), but the compensation available is more limited (you can’t get pain and suffering damages, and wage replacement is limited to two-thirds of your pre-injury wages, capped at 200% of the national average weekly wage).

Who Is Covered Under the LHWCA?

The LHWCA covers maritime workers in various occupations. Generally speaking, it covers anyone who:

1. Works in a maritime occupation (like longshoreman, shipbuilder, crane operator, ship repairer)

2. Works on navigable waters or in a maritime facility (like a dock, terminal, shipyard, pier, wharf)

3. Doesn’t qualify as a “seaman” under the Jones Act

It also covers certain offshore workers who work on the Outer Continental Shelf (outside the three-mile territorial limit).

Approximately 500,000 maritime workers are currently covered by the LHWCA.

Who is typically covered?

• Longshoremen

• Dock workers

• Shipyard workers

• Ship builders

• Ship repairers

• Ship breakers

• Crane operators at ports

• Terminal workers

• Harbor workers

• Maintenance workers at docks

• Stevedores

Who is excluded?

• Regular seamen (covered by Jones Act instead)

• Office and administrative workers (if they don’t work in maritime occupations)

• Small vessel workers (typically workers on boats under a certain size)

• Some recreational vessel workers

Benefits Provided Under the LHWCA

If you’re injured while covered by the LHWCA, you can receive:

Medical treatment: The employer must pay for all reasonable and necessary medical treatment related to your injury. This includes doctor visits, surgery, hospitalization, prescription medications, medical devices (crutches, prosthetics, hearing aids), nursing care, and other necessary services.

Temporary disability benefits: While you’re unable to work due to your injury, you receive temporary disability benefits equal to two-thirds of your average weekly wage.

Permanent disability benefits: If your injury leaves you permanently disabled, you receive permanent disability benefits. There are different categories depending on whether your disability is total or partial and whether it’s permanent or temporary.

Permanent partial disability: If you lose an arm, a leg, hearing, or sight, the LHWCA provides a scheduled award (a specific amount set by law for that type of injury). For other permanent partial disabilities, you receive two-thirds of the difference between your pre-injury earning capacity and your post-injury earning capacity.

Vocational rehabilitation: If you can’t return to your old job, the LHWCA can pay for job retraining to help you learn a new trade.

Important limitation: The maximum benefit is capped at 200% of the current national average weekly wage. So while the system is generous compared to many workers’ compensation programs, there’s a ceiling on what you can recover.

Unlike the Jones Act, the LHWCA does not cover pain and suffering or emotional distress. It’s purely about compensating for medical expenses and lost earning capacity.

Filing an LHWCA Claim

The process is different from a Jones Act claim because the LHWCA is a workers’ compensation system, not a lawsuit-based system.

Reporting requirements: You must report your injury to your employer as soon as possible. The law requires that you report the injury within 30 days of it occurring. If you don’t report within 30 days, you could lose benefits.

Deadlines and paperwork: You must file a formal claim within one year of your injury or the date you last received compensation from your employer. Missing this deadline can result in losing your claim entirely.

Your employer is required to maintain workers’ compensation insurance (or be self-insured). The insurance company or employer then processes your claim, pays your medical expenses, and provides wage replacement benefits.

Employer and insurer involvement: Unlike a Jones Act case (where you’re suing your employer), the LHWCA system involves cooperation between you, your employer, and the insurance company. The insurance company typically handles claims processing and decides whether to pay benefits or deny them.

Disputes and Appeals Under the LHWCA

What if the insurance company denies your claim or offers benefits that seem too low?

Denied or delayed benefits: If your claim is denied, you have the right to file an appeal. You can request a hearing before the Department of Labor to contest the denial.

Role of legal representation: This is where having an experienced LHWCA attorney makes a huge difference. An attorney can:

• Help you navigate the appeals process

• Gather medical evidence to support your claim

• Challenge unreasonable insurance company decisions

• Negotiate for higher benefit amounts

• Ensure you meet all deadlines

• Maximize your vocational rehabilitation benefits

Many injured workers try to handle LHWCA claims alone and end up with inadequate benefits. Insurance companies sometimes play hardball, hoping workers will accept low offers rather than fight for their rights. An attorney can level the playing field.

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Seamen’s Rights Under General Maritime Law

Beyond the Jones Act, seamen have additional rights under general maritime law. These are ancient principles that have been recognized for centuries. Let’s cover the most important ones.

Maintenance and Cure Explained

Maintenance and cure is an ancient maritime law doctrine that exists independent of any statute. It’s not about proving negligence. It’s about the basic obligation of a ship owner to care for injured crew members.

The concept: If you’re injured while working on a vessel, the ship owner has an absolute, non-delegable duty to provide you with “maintenance” (your living expenses) and “cure” (your medical treatment). This obligation begins as soon as you’re injured and continues until you reach what’s called “maximum medical improvement” (MMI)—the point where your condition has stabilized and additional medical treatment won’t help you improve further.

What maintenance covers: Daily living expenses while you’re unable to work. This includes:

• Rent or mortgage payments

• Food and groceries

• Utilities (electricity, water, gas—but typically not cable or internet)

• Necessary transportation

• Basic insurance payments

• Taxes

The maintenance amount is intended to cover your basic living expenses and is typically based on your standard of living before the injury.

What cure includes: Medical treatment and expenses related to your injury, including:

• Doctor visits and consultations

• Hospital stays

• Surgery and surgical expenses

• Prescription medications

• Physical therapy and rehabilitation

• Medical devices and equipment (braces, prosthetics, wheelchairs)

• Transportation to medical appointments

Duration of benefits: Maintenance and cure continue until you reach MMI (maximum medical improvement)—the point where doctors determine your condition won’t significantly improve with additional treatment. It doesn’t matter how long this takes. Whether it’s three months or three years, the obligation continues.

Employer liability: The ship owner cannot escape this obligation. It’s non-delegable, meaning they can’t shift the responsibility to an insurance company or anyone else. The ship owner is personally liable.

One important note: if your employer tries to rush you to “maximum medical improvement” before you’re actually ready, or pressures you to stop treatment, you can fight back. Employers have sometimes pushed workers to declare MMI prematurely to stop paying maintenance and cure benefits. That’s improper, and it can expose the employer to liability for additional damages.

Unseaworthiness Claims

We mentioned unseaworthiness earlier, but it deserves its own section because it’s such a powerful protection.

What makes a vessel unseaworthy: A vessel is unseaworthy if it’s not reasonably fit for its intended purpose. This includes problems with:

• The ship itself (structural problems, leaks, inadequate safety features)

• Equipment (broken machinery, faulty lifeboats, defective safety equipment)

• The crew (insufficient crew members, incompetent crew, improperly trained crew members)

• The provisions (inadequate food, water, or medical facilities)

• Safety procedures and compliance (violation of maritime regulations)

What’s important about unseaworthiness: The ship owner’s duty to provide a seaworthy vessel is absolute. You don’t have to prove negligence. You don’t have to prove the owner knew about the problem. You just have to show that an unseaworthy condition existed and was a substantial factor in causing your injury.

This is different from a Jones Act claim (where you must prove negligence). With unseaworthiness, it’s a strict liability claim—the ship owner is liable regardless of negligence, knowledge, or fault.

Who can be sued: Under an unseaworthiness claim, you can sue the ship owner, regardless of whether the ship owner is your employer. This is important because a ship might be owned by one company and operated by another. Both could potentially be liable.

Damages available: You can recover all the same damages as under the Jones Act (medical expenses, lost wages, pain and suffering, disability), plus additional damages that might not be available under a pure Jones Act claim, such as loss of consortium (for your spouse or children, reflecting how the injury affected your family relationships).

Overlap with Jones Act: Injured seamen typically bring both Jones Act and unseaworthiness claims in the same lawsuit. The claims work together to provide comprehensive protection.

Wrongful Termination and Retaliation

Here’s a protection that’s crucial: it’s illegal for your employer to retaliate against you for filing an injury claim or asserting your maritime rights.

Protected activities: If you engage in any of the following, you’re protected from retaliation:

• Filing or intending to file a Jones Act claim

• Filing or intending to file an unseaworthiness claim

• Requesting maintenance and cure benefits

• Demanding unearned wages

• Reporting maritime safety violations (whistle-blowing)

What counts as retaliation: Prohibited retaliation includes:

• Termination (firing you)

• Threats of firing

• Blacklisting (preventing you from getting hired on other vessels)

• Demotion

• Reduction in pay or benefits

• Reassignment to a less desirable position

• Harassment or creating a hostile work environment

• Denial of promotion

• Isolation from other crew members

Damages available: If your employer retaliates, you can sue for:

• Reinstatement (getting your job back)

• Back pay (all wages you lost due to the wrongful termination)

• Front pay (compensation for future lost wages if reinstatement isn’t feasible)

• Compensatory damages (for emotional distress, damage to your reputation, mental anguish)

• Punitive damages (to punish the employer and deter similar conduct)

• Attorney’s fees

Punitive damages are particularly important—a jury can award additional money specifically intended to punish an employer that retaliates, sending a message that this conduct won’t be tolerated.

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Death on the High Seas Act (DOHSA)

When DOHSA Applies

The Death on the High Seas Act (DOHSA) is a separate federal law that applies when someone dies in a maritime accident. It was passed in 1920, the same year as the Jones Act, but it serves a different purpose.

DOHSA applies when:

• Someone dies as a result of negligence or wrongful conduct at sea

• The death occurs more than 3 nautical miles from the U.S. shore

• OR for commercial aircraft accidents, the death occurs more than 12 nautical miles from the U.S. shore

DOHSA essentially fills a gap. If someone dies in waters that aren’t clearly under any state’s jurisdiction, what law applies? DOHSA applies.

Important limitation: DOHSA only applies to deaths that occur beyond the three-mile territorial limit. Deaths that occur within state territorial waters are typically handled under state wrongful death laws or the Jones Act, not DOHSA.

Who Can File a Claim

DOHSA claims can only be filed by surviving family members or dependents of the deceased. Specifically, you can file if you’re:

• The spouse of the deceased

• A child of the deceased

• A parent of the deceased (if you were dependent on the deceased for financial support)

• Other dependent relatives

The claim is brought on behalf of the deceased and seeks compensation for the family’s loss.

Compensation Under DOHSA

DOHSA provides compensation for:

• Loss of financial support (the earnings the deceased would have provided to family members)

• Funeral and burial expenses

• Other damages related to the death

Important limitation: DOHSA does not allow recovery for the deceased’s pain and suffering before death, except in certain circumstances (if the deceased filed a lawsuit for injuries and later died from those injuries before the case resolved, the estate can recover for the deceased’s medical expenses and other economic damages related to the injuries).

This is one reason DOHSA damages are often more limited than Jones Act damages. DOHSA focuses on compensating the family for economic loss, not on compensating the deceased for their suffering.

Statute of limitations: You have three years from the date of death to file a DOHSA claim.

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Key Differences Between the Jones Act and LHWCA

It’s important to understand how these two main maritime laws differ, because which one applies to you determines your rights and the compensation you can pursue.

Coverage Comparison

Fault vs. No-Fault System

Jones Act: Fault-based. You must prove negligence.

LHWCA: No-fault. You don’t have to prove negligence. Just prove the injury occurred on the job on or near navigable waters.

Negligence requirements:

• Under the Jones Act, you must show the employer’s negligence contributed to your injury. The standard is low (“featherweight” causation), but you still have to prove negligence.

• Under the LHWCA, negligence doesn’t matter. Your employer could be completely blame-free, but you still get benefits if you’re injured on the job.

Employer liability standards:

• Under the Jones Act, the employer is only liable if negligent.

• Under the LHWCA, the employer is strictly liable for work-related injuries—no negligence required.

Compensation Differences

The practical effect: a seaman with a serious permanent injury might recover $500,000 to $2 million or more in a Jones Act case. A dock worker with the same injury might recover $50,000 to $150,000 under LHWCA (depending on their wage and the specifics of their injury).

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Common Maritime Injury Scenarios and Applicable Laws

Let’s walk through some real-world scenarios to see how these laws apply in practice.

Offshore Oil Rig Explosion

Scenario: A worker on a mobile offshore drilling unit is working in the engine room when a gas explosion occurs. The explosion severely burns the worker and causes permanent respiratory damage.

Analysis:

• The worker likely qualifies as a seaman (assuming the rig is a vessel and the worker spends 30%+ time on it)

• The Jones Act applies

• The worker can sue the employer for negligence (lack of proper ventilation, failure to maintain safety equipment, inadequate training on emergency procedures)

• The worker can also bring unseaworthiness claims if the vessel had unsafe conditions

• Potential recovery: medical expenses, lost wages, pain and suffering, disability compensation, potentially millions of dollars in a serious case

Dock Crane Accident

Scenario: A dock worker is loading cargo using a crane when the crane’s brake fails. The load falls, striking the worker and causing a serious leg injury requiring surgery and months of recovery.

Analysis:

• The worker qualifies as an LHWCA worker (works as a dock worker in a maritime facility)

• LHWCA applies (not Jones Act)

• No need to prove negligence—even though the crane failure might have been caused by poor maintenance, the worker gets benefits automatically

• Potential recovery: medical expenses (full coverage), two-thirds of lost wages during recovery, vocational rehabilitation if the worker can’t return to dock work

• No recovery for pain and suffering

Slip and Fall on a Vessel

Scenario: A cook working on a cargo ship slips on a grease-covered deck at night. There’s no adequate lighting and no non-skid coating on the deck (contrary to maritime regulations). The cook breaks their hip and requires surgery.

Analysis:

• The worker is a seaman (crew member aboard a vessel)

• Jones Act applies

• The worker can prove negligence (failure to maintain safe deck, failure to provide lighting, failure to provide non-skid surfaces)

• Can also bring unseaworthiness claims

• Even if the worker was partly at fault (should have watched their step), the employer’s negligence still makes them liable under Jones Act’s low standard of proof

• Potential recovery: medical expenses, lost wages, pain and suffering, disability compensation

Chemical Exposure at Sea

Scenario: A crew member on a tanker handling hazardous chemicals develops serious respiratory illness and skin conditions due to improper training, inadequate protective equipment, and failure to follow safety protocols.

Analysis:

• Worker is a seaman

• Jones Act applies (employer’s negligence: failure to properly train, failure to provide adequate protective equipment, failure to follow safety protocols)

• Unseaworthiness claim also available (vessel not fit for purpose due to inadequate safety systems)

• Maintenance and cure applies immediately (living expenses and medical treatment provided while recovering)

• Potential recovery: all medical costs (including ongoing treatment), lost wages, pain and suffering, disability compensation

Passenger Ship Injuries

Scenario: A passenger slips and falls on a cruise ship due to a wet deck and is injured.

Analysis:

• Passengers typically don’t qualify as seamen

• The passenger might have a general maritime law claim for negligence or unseaworthiness against the cruise line

• If the incident occurs beyond three miles from shore, DOHSA might apply if the passenger dies

• The passenger’s claim is more similar to a standard personal injury lawsuit than to a maritime worker injury claim

• Potential recovery depends on the specific facts and the jurisdiction, but includes medical expenses and pain and suffering

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Common Mistakes Maritime Workers Make

Assuming Workers’ Compensation Applies

The mistake: Many maritime workers assume that standard workers’ compensation applies to them, just like it does to land-based workers.

Why it’s wrong: For seamen, it doesn’t. The Jones Act replaces workers’ compensation for seamen. For dock workers, LHWCA (not standard state workers’ compensation) applies.

The consequence: You might accept a workers’ compensation settlement that’s far less than what you’re legally entitled to under maritime law. You might miss filing deadlines specific to maritime law. You might not pursue claims you should pursue.

How to avoid it: Understand which law applies to you before accepting any settlement or benefit payment. If you’re unsure, talk to a maritime attorney before accepting anything from your employer.

Accepting Employer Explanations Without Legal Advice

The mistake: Your employer tells you that you don’t qualify for maritime law protections, or they tell you that workers’ compensation is your “only remedy,” or they suggest a settlement amount and you accept it without legal review.

Why it’s wrong: Employers have a conflict of interest. They want to minimize what they pay you. They’re not going to volunteer information about maritime laws that would increase your compensation. They might misrepresent the law to you.

The consequence: You leave money on the table. You might accept inadequate compensation. You might miss opportunities to pursue larger claims.

How to avoid it: Never rely solely on what your employer tells you about your rights. Consult with a maritime attorney who can review your specific situation, explain your rights, and advise you on the best course of action.

Missing Federal Deadlines

The mistake: You don’t file a claim or lawsuit within the required time frame.

Why it’s wrong: Maritime law has strict deadlines. Different deadlines apply depending on the type of claim:

• Jones Act claims: Must file within three years of the injury

• LHWCA claims: Must report within 30 days and file within one year

• DOHSA claims: Must file within three years of the death

Missing these deadlines can mean you lose your right to compensation entirely.

The consequence: Your case gets dismissed. You receive nothing, even if your injuries were severe.

How to avoid it: Report your injury immediately to your employer (especially critical for LHWCA claims—30 days is the deadline). Consult with a maritime attorney as soon as possible after an injury. Don’t wait.

Signing Settlement Documents Too Early

The mistake: An insurance company or employer offers a settlement, pressures you to sign quickly, and you agree without understanding what you’re signing or whether the amount is fair.

Why it’s wrong: Settlement agreements are typically final and binding. Once you sign, you usually can’t change your mind. If you settled for far less than your claim is worth, you’ve lost the opportunity to recover more.

The consequence: You might have signed away your right to recover for future medical expenses, permanent disability, pain and suffering, or other damages you didn’t realize you were entitled to.

How to avoid it: Never sign any settlement agreement without having an attorney review it first. Never let anyone pressure you to sign quickly. Take your time. Understand exactly what you’re agreeing to and what rights you’re giving up.

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Why Maritime Injury Laws Are So Complex

Overlapping Federal Statutes

There isn’t just one maritime injury law. There are multiple:

• The Jones Act (for seamen)

• General maritime law (maintenance and cure, unseaworthiness)

• The LHWCA (for dock workers and similar workers)

• The Death on the High Seas Act (for deaths at sea)

• The Outer Continental Shelf Lands Act (for some offshore workers)

• Various international maritime conventions

• Specific regulations for oil rigs, fishing vessels, and other specialized maritime operations

Each has slightly different requirements, different applicable procedures, and different compensation structures. An injury that occurs one mile offshore might be covered by a completely different law than an identical injury occurring two miles offshore.

Worker Classification Disputes

As we’ve discussed extensively, the first question in any maritime case is determining what law applies. Is this person a “seaman” or not? Is this a “vessel in navigation” or not? Is this a “maritime facility” or not?

These seemingly simple questions often become complex legal disputes. An injury that occurs on one type of platform gets different legal treatment than an injury on another type of platform. Classification disputes can take months or even years to resolve through litigation.

Jurisdiction Challenges

Maritime claims can be filed in federal court or state court (in many cases). Federal courts and state courts don’t always interpret maritime law the same way. The jurisdiction where you file can affect your outcome.

Additionally, if your injury occurs in international waters, the question of which country’s courts have jurisdiction becomes relevant.

Employer Insurance Tactics

Insurance companies representing maritime employers often aggressively contest maritime injury claims. They have teams of lawyers and years of experience. They know how to:

• Dispute worker classification

• Argue that a particular statute of limitations has expired

• Pressure workers to accept low settlements

• Request independent medical exams designed to minimize the severity of injuries

• Present expert testimony challenging the worker’s account of the injury

Individual workers often can’t compete with this level of resources. This is why representation by an experienced maritime attorney makes such a difference.

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How a Maritime Injury Lawyer Helps Navigate These Laws

If you’ve been injured while working on the water, you should strongly consider consulting with a maritime attorney. Here’s how Maritime Injury Lawyer can help:

Identifying the Correct Law for Your Case

An experienced maritime attorney will:

• Ask detailed questions about your job, your employer, the type of vessel you work on, where you work, and how much time you spend on vessels

• Determine whether you qualify as a “seaman” or fall under LHWCA or another law

• Identify all applicable federal maritime laws

• Explain your rights and potential compensation under each applicable law

• Advise you on which legal theories give you the strongest case

This is crucial because if you’re misclassified, you might receive far less compensation than you’re legally entitled to.

Protecting Your Legal Rights

An attorney will:

• Ensure you meet all filing deadlines

• Properly document your injury and the circumstances that caused it

• Preserve evidence and witness statements

• Respond to any claims by the employer or insurance company

• Protect you from being pressured into inadequate settlements

• Ensure you understand what you’re signing before you sign anything

Maximizing Compensation

An attorney will:

• Calculate the full value of your claim (including future medical expenses, future lost earnings, and pain and suffering)

• Present evidence and arguments that maximize your recovery

• Negotiate with insurance companies from a position of knowledge and strength

• Go to trial if necessary to fight for the full compensation you deserve

• Ensure you’re not pressured to settle for less than your claim is worth

Handling Insurers and Employers

An attorney will handle all communication with:

• Insurance companies

• Employers

• The employer’s legal team

This protects you from being manipulated or misled by people who have experience in these matters and a financial incentive to pay you less.

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Frequently Asked Questions

Can I Sue My Employer Under Maritime Law?

Yes, if you’re a seaman, you can sue your employer under the Jones Act for negligence. This is fundamentally different from land-based workers’ compensation, where you typically cannot sue your employer.

If you’re an LHWCA-covered worker, you cannot sue your employer directly for negligence, but you do get automatic benefits through the LHWCA workers’ compensation system. You might be able to sue third parties (companies other than your employer that contributed to your injury).

What If I Work Both on Land and at Sea?

The determination of whether you’re a “seaman” depends on the percentage of time you spend on vessels and the nature of your duties. If you spend 30% or more of your working time on vessels, you likely qualify as a seaman.

If you’re injured while working on land, Jones Act protections might not apply to that specific injury. If you’re injured while working on a vessel, Jones Act protections apply.

If you work both on land and at sea but your primary work is on land, you might be covered under LHWCA instead of the Jones Act.

How Long Do I Have to File a Maritime Injury Claim?

It depends on the type of claim:

• Jones Act: Three years from the date of injury

• LHWCA: Report within 30 days, file formal claim within one year

• DOHSA: Three years from the date of death

• General maritime law (unseaworthiness, maintenance and cure): Generally three years

Don’t wait. File as soon as possible. Waiting longer makes it harder to gather evidence and locate witnesses.

Do Maritime Laws Apply Outside U.S. Waters?

Yes, in many cases. The Jones Act applies to seamen injured aboard U.S. vessels even if the injury occurs in international waters or in another country’s waters.

The Death on the High Seas Act specifically applies to deaths that occur in international waters (beyond three nautical miles from the U.S. shore).

General maritime law principles also apply to many injuries occurring outside U.S. territorial waters.

If you’re injured while working on a foreign vessel or in a foreign country’s waters, the answer becomes more complicated and depends on the specific circumstances.

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Know Your Rights Before It’s Too Late

Maritime work is dangerous. Injuries happen. If you’re injured while working on the water, federal maritime law provides protections that land-based workers don’t have.

The three main maritime laws are:

The Jones Act: Allows seamen to sue employers for negligence and recover damages for medical expenses, lost wages, pain and suffering, and disability. Compensation can be substantial—potentially hundreds of thousands to millions of dollars in serious cases.

General Maritime Law: Provides maintenance and cure benefits (living expenses and medical care while recovering, regardless of fault) and unseaworthiness protections (making ship owners liable for injuries caused by unsafe vessel conditions, without having to prove negligence).

The LHWCA: Provides dock workers and harbor workers with automatic workers’ compensation benefits (medical expenses and two-thirds of lost wages) without having to prove negligence. Benefits are limited compared to the Jones Act but are guaranteed.

The Death on the High Seas Act: Provides wrongful death protections for family members when someone dies in a maritime accident in international waters.

The complexity of maritime injury law means that understanding your rights before you’re injured is valuable. But if you’re injured, don’t try to navigate these laws alone.

Take these steps immediately after a maritime injury:

1. Report the injury to your employer right away

2. Seek medical treatment

3. Document everything about the incident (photos, witness information, details of what happened)

4. Preserve evidence

5. Consult with an experienced maritime attorney before accepting any settlement or signing any documents

A maritime attorney can:

• Determine which laws apply to you

• Explain your rights and potential compensation

• Handle negotiations with insurers and employers

• Maximize your recovery

• Protect you from being pressured into inadequate settlements

• Fight for the compensation you deserve

The laws protecting maritime workers exist because Congress recognized that maritime work is different and more dangerous than land work. Your employer has a legal obligation to keep you safe. If they fail and you’re injured, you have legal rights—powerful rights that can lead to substantial compensation.

Don’t lose those rights by not understanding them or by accepting inadequate settlements from employers or insurance companies who want to minimize what they pay you.

Know your rights. Protect yourself. Consult with an attorney. Get the compensation and protection you deserve.