Maritime Injury Attorneys
Experienced legal representation for maritime injury matters across all 50 states.
About Maritime Injury
Maritime injury law is a specialized body of federal and state law governing injuries to workers employed on navigable waters, including rivers, harbors, offshore platforms, and the open sea. Unlike land-based workplace injuries that fall under state workers compensation systems, maritime injuries are governed by a distinct set of federal statutes — primarily the Jones Act, the Longshore and Harbor Workers Compensation Act, and general maritime law — that provide different rights, remedies, and procedures depending on the injured worker's specific role and the location of the injury. This specialized legal framework reflects the unique dangers of maritime work and the historical recognition that seafarers and maritime workers require special legal protections.
The Jones Act (46 U.S.C. Section 30104) allows seamen — workers who spend a significant portion of their time aboard vessels in navigation — to sue their employer for negligence, providing remedies including maintenance (daily living expenses during recovery), cure (medical treatment until maximum medical improvement), and damages for lost wages, pain and suffering, and reduced earning capacity. The Longshore and Harbor Workers Compensation Act (LHWCA) provides a federal workers compensation system for maritime workers who do not qualify as Jones Act seamen, including longshoremen, harbor workers, shipbuilders, and workers on fixed offshore platforms. General maritime law provides additional remedies including claims for unseaworthiness, which holds vessel owners strictly liable for injuries caused by unsafe conditions on their vessels.
Maritime injury cases affect a wide range of workers including commercial fishermen, tugboat operators, barge workers, offshore oil and gas personnel, cruise ship employees, ferry operators, dock workers, and shipyard workers. Each category of maritime worker may be covered by different laws, making it essential to consult an attorney who specializes in maritime and admiralty law to determine which legal framework applies to your specific situation.
Why You Need a Maritime Injury Attorney
Maritime work is inherently dangerous. Workers face risks from heavy weather, unstable vessel conditions, heavy equipment operations over water, and the difficulty of obtaining prompt medical care when injuries occur far from shore. The Bureau of Labor Statistics classifies fishing and maritime occupations among the most hazardous in the nation. Commercial fishing alone has a fatality rate many times higher than the national average. Maritime workers on vessels, docks, and offshore platforms suffer falls overboard, crush injuries from heavy cargo and equipment, burns from engine room fires, and drowning.
Maritime injury law provides important protections that go beyond what standard workers compensation offers. The Jones Act allows seamen to recover full damages including pain and suffering, which is not available under workers comp. The unseaworthiness doctrine imposes strict liability on vessel owners for unsafe conditions. These protections exist because maritime workers face extraordinary dangers and are often isolated from the shore-based safety nets available to other workers. Without these specialized legal frameworks, maritime workers would be severely disadvantaged in seeking compensation for their injuries.
Common Maritime Injury Cases
Deck Accidents and Slip-and-Falls
Injuries from slippery decks, unsecured hatches, inadequate lighting, and cluttered walkways on vessels, causing falls that result in broken bones, head injuries, and back injuries.
Crane and Cargo Handling Injuries
Workers struck by or caught between heavy cargo, shipping containers, and loading equipment during loading and unloading operations on docks and aboard vessels.
Falls Overboard and Drowning
Workers falling into the water due to missing guardrails, vessel instability, or inadequate safety equipment, resulting in drowning, hypothermia, or traumatic injury from impact with the vessel or water.
Engine Room Injuries
Burns, hearing loss, and crush injuries occurring in vessel engine rooms due to hot surfaces, high-noise environments, moving machinery, and confined space hazards.
Offshore Platform Injuries
Injuries on fixed and floating offshore platforms including falls, struck-by incidents, equipment failures, and exposure to hazardous materials during drilling and production operations.
Commercial Fishing Injuries
Injuries from fishing equipment including winches, nets, lines, and heavy catches, as well as injuries caused by severe weather, vessel capsizing, and man-overboard events.
Unseaworthy Vessel Conditions
Injuries caused by unsafe vessel conditions including defective equipment, inadequate crew training, structural failures, and failure to maintain the vessel in a reasonably safe condition.
Typical Maritime Injury Case Timeline
Emergency Medical Treatment
1-14 daysReceive medical treatment, which may initially occur aboard the vessel or on the offshore platform before transfer to a shoreside medical facility. Your employer has a duty to provide maintenance and cure immediately.
Status Determination & Claim Evaluation
1-3 monthsYour attorney determines whether you qualify as a Jones Act seaman, a longshore worker under the LHWCA, or another category of maritime worker. This determines which legal framework governs your claim.
Claim Filing
1-4 monthsA Jones Act lawsuit is filed in federal or state court, or an LHWCA claim is filed with the Department of Labor. Maintenance and cure obligations are enforced if the employer is not paying them voluntarily.
Discovery & Maritime Investigation
8-18 monthsMaritime safety experts investigate vessel conditions, equipment failures, and crew training. Both sides exchange vessel logs, maintenance records, safety inspection reports, and Coast Guard records.
Settlement or Trial
2-8 monthsThe case is resolved through negotiation or trial. Jones Act cases may be tried before a jury, while LHWCA claims are decided by an administrative law judge. Settlement negotiations may involve mediation.
Know Your Rights
- If you qualify as a Jones Act seaman, you have the right to sue your employer for negligence, and you are entitled to maintenance and cure regardless of fault.
- The doctrine of unseaworthiness holds vessel owners strictly liable for injuries caused by unsafe conditions on their vessels, without requiring proof of negligence.
- Maintenance and cure must be paid by your maritime employer from the time of your injury until you reach maximum medical improvement, covering daily living expenses and medical treatment.
- Longshore and harbor workers are covered by the LHWCA, which provides federal workers compensation benefits including medical treatment and disability payments.
- You have the right to choose your own physician for treatment of maritime injuries, unlike some state workers comp systems that restrict doctor choice.
- Maritime employers who willfully fail to pay maintenance and cure may be liable for punitive damages under recent Supreme Court precedent.
What to Look for in a Maritime Injury Attorney
Maritime injury cases require an attorney who specializes in admiralty and maritime law, as the legal framework is fundamentally different from state workers compensation and standard personal injury law. Look for a firm with specific experience handling Jones Act claims, LHWCA claims, and general maritime law cases. The attorney should understand the distinction between seaman status and longshore worker status, as this determination controls which law applies to your case. Ask about experience with the specific type of maritime work involved — offshore oil and gas, commercial fishing, tugboat operations, or dock work — since each presents unique factual and legal issues. The firm should have access to maritime safety experts, naval architects, and marine engineers who can analyze the conditions that caused your injury. Financial resources are important because maritime employers and their insurers often mount aggressive defenses.
Questions to Ask Your Maritime Injury Attorney
- 1Do I qualify as a Jones Act seaman, and how does that affect my legal rights?
- 2Have you handled maritime injury cases involving my type of work — offshore, fishing, dock work, or vessel operations?
- 3Is my employer fulfilling its obligation to pay maintenance and cure, and how do we enforce it if not?
- 4What maritime safety experts will you retain to analyze the conditions that caused my injury?
- 5Are there any Coast Guard investigation reports or vessel inspection records relevant to my case?
- 6What is the statute of limitations for my type of maritime claim?
- 7How does my maritime claim differ from what I would receive under state workers compensation?
Understanding Maritime Injury Legal Costs
Maritime injury attorneys work on a contingency fee basis, typically charging 33% to 40% for Jones Act negligence claims and general maritime law claims. LHWCA claims may have different fee structures regulated by the Department of Labor. The firm advances all costs including maritime expert fees, naval architect analysis, Coast Guard records, and vessel inspection expenses. Maintenance and cure, which is owed regardless of fault, should be paid by your employer during your recovery and is separate from any negligence settlement. If no recovery is obtained on the negligence claim, you owe nothing for attorney fees or costs.
Key Legal Terms
Video Resources
These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.
Workers Compensation Claims Process
Selective Insurance
A Simple Guide: How Does Workers Comp Insurance Work?
Selective Insurance
Your Guide to the Basics of Workers Compensation & Claims
The Coyle Group
Frequently Asked Questions About Maritime Injury
Citations & Sources
- [1]Commercial fishing has a fatality rate approximately 40 times higher than the national average for all occupations. — Bureau of Labor Statistics, Census of Fatal Occupational Injuries
- [2]The Jones Act (46 U.S.C. Section 30104) provides seamen the right to sue their employers for negligence and recover damages not available under workers compensation. — U.S. Code, Title 46, Chapter 301
- [3]In Atlantic Sounding Co. v. Townsend (2009), the Supreme Court held that punitive damages are available when a maritime employer willfully and wantonly fails to pay maintenance and cure. — Supreme Court of the United States, 557 U.S. 404 (2009)
- [4]The Longshore and Harbor Workers Compensation Act covers approximately 500,000 workers engaged in maritime employment on navigable waters and adjoining areas. — U.S. Department of Labor, Office of Workers Compensation Programs
Ready to Discuss Your Maritime Injury Case?
Speak with a experienced maritime injury attorney. Free consultations available.