Board Certified Maritime Lawyer

To file a maritime accident claim, you need to qualify as a maritime worker. A maritime worker is anyone who works in an occupation connected to the sea. For example, cargo ship crewmembers and fishermen are maritime workers and charter captains, longshoremen, and harbor workers. You are a maritime worker if your job has anything to do with the water.

Being a maritime worker affects your legal rights when you get injured on the job. While land-based workers in non-maritime occupations can file workers’ compensation claims under state law when they suffer job-related injuries, these laws do not apply in the maritime setting. Instead, maritime workers’ rights exist under federal law. Specifically, there are three federal laws under which a maritime accident lawyer can help their clients seek just compensation in most cases:

• Merchant Marine Act (Jones Act) – The Merchant Marine Act, more commonly known as the Jones Act, protects maritime workers who qualify as "seaman". If you are a seaman, you can file for maintenance and cure benefits after any job-related accident, and you may also be able to file additional claims.
• Longshore and Harbor Workers Compensation Act (LHWCA) – The Longshore and Harbor Workers Compensation Act (LHWCA) protects maritime workers who suffer injuries on navigable waters, docks, piers, terminals, and other adjacent areas. It provides benefits similar to those available under most state workers’ compensation laws.
• Outer Continental Shelf Lands Act (OCSLA) – The Outer Continental Shelf Lands Act (OCSLA) protects maritime workers who spend their days on fixed rigs and platforms at sea. In addition, the OCLSA extends the benefits afforded by the LHWCA to maritime workers who would not otherwise qualify.

A fourth federal law, the Death on the High Seas Act (DOHSA), provides important legal rights to family members who have lost maritime workers at sea. The Jones Act provides wrongful death compensation as well. If you have lost a loved one, a maritime accident lawyer can help you understand which type of claim you should file.

So, you are an injured maritime worker or have lost a loved one in a tragic accident at sea. Are you entitled to file a claim? There is a good chance that the answer to this question is, “Yes.” Except for DOHSA, a vital aspect of all the laws discussed above is that they provide compensation on a “no-fault” basis. This means maritime workers and their families do not need any evidence of fault to receive benefits. While proving fault allows for the recovery of additional compensation under the Jones Act (and will enable families to file claims under DOHSA), even “no-fault” claims can provide injured workers and families with much-needed financial stability. All types of accidents can justify maritime injury and wrongful death claims. For example, our maritime injury lawyer handles cases involving:

• Accidents involving coworker negligence
• Accidents involving equipment malfunctions and machinery failures
• Accidents involving lines, nets, winches, windlasses, and capstans
• Capsizing or running aground
• Collisions with other vessels or stationary objects
• Drowning and near-drowning accidents
• Exposure to harmful fumes, chemicals, bacteria, or viruses
• Fires and explosions
• Hazardous weather and sea conditions
• Hazardous working conditions (i.e., welding without proper ventilation)
• Inadequate safety equipment or safety precautions onboard
• Slips, trips, and falls

From our firm’s principal office, we represent maritime workers and families nationwide. Whether you are a permanent resident, have a job in the maritime industry, lost a loved one in another state due to a maritime accident, or simply looking for a highly-experienced maritime accident lawyer to assist you, we can help. Our experience includes recovering just compensation for clients located nationwide.

Yes, maritime accidents are a regular occurrence, and injured maritime workers file claims. But, the unfortunate reality is that far too many maritime accidents still go unreported. By hiring a maritime lawyer to file a claim on your behalf, you can receive compensation for your injury, but you can also help raise awareness of the risks workers in your position face daily.

Your employer cannot fire you because you filed a claim for your maritime accident. You have the legal right to file a claim (if you qualify), and you cannot lose your job for asserting your rights. But, if you can no longer do your job because of your injury, this could justify your employer terminating your employment. If you are concerned about losing your job, we strongly recommend you speak with a maritime accident lawyer before making any decisions.

Some employers will tell their employees that they only qualify for maintenance and cure benefits. While this is true in some cases, many injured maritime workers are entitled to additional compensation. If your employer tells you this, it is looking out for its financial interests, not yours. In addition, it doesn’t want to be held accountable for causing your injury. Rather than trusting your employer, you should seek advice from an experienced attorney.

Employers routinely deny their employees’ maritime accident claims—including claims for “no-fault” maintenance and cure benefits. If you have been denied benefits under the Jones Act, LHWCA, or OCSLA, you should not accept your employer’s (or insurance company’s) decision. Instead, you should discuss your legal rights with an experienced maritime accident attorney.