Maritime work is among the most physically demanding and dangerous in the world. From offshore oil rig workers to merchant sailors and commercial fishermen, thousandsMaritime work is among the most physically demanding and dangerous in the world. From offshore oil rig workers to merchant sailors and commercial fishermen, thousands

Seeking Compensation For A Maritime Injury

2026/02/24 21:31
5 min read

Maritime work is among the most physically demanding and dangerous in the world. From offshore oil rig workers to merchant sailors and commercial fishermen, thousands of people take to the water each day in occupations that carry significant risk. When injuries occur on navigable waters, the legal landscape governing compensation is vastly different from standard workplace injury law, and understanding that difference can mean the separation between a fair recovery and walking away with nothing.

The Unique Legal Framework Governing Maritime Injuries

Seeking Compensation For A Maritime Injury

Unlike land-based workers who typically rely on state workers’ compensation systems, maritime workers operate under a specialized body of federal law. The Jones Act, formally known as the Merchant Marine Act of 1920, is the cornerstone of this legal framework. It grants seamen — those who spend a significant portion of their working time aboard a vessel in navigation — the right to sue their employers for negligence. This is a right that traditional workers’ compensation law does not typically provide, making maritime law considerably more favorable to injured workers in many respects.

Beyond the Jones Act, the doctrine of unseaworthiness allows injured seamen to seek compensation when a vessel or its equipment is not reasonably fit for its intended purpose. Additionally, the principle of maintenance and cure obligates a shipowner to provide injured crew members with daily living expenses and necessary medical treatment until they reach maximum medical improvement, regardless of who was at fault for the injury.

For maritime workers who do not qualify as seamen under the Jones Act — such as harbor workers, longshoremen, and ship repairers — the Longshore and Harbor Workers’ Compensation Act provides a separate avenue for compensation. Each of these legal pathways has specific eligibility requirements, filing deadlines, and procedural rules that can make or break a claim.

The Scope of Maritime Injuries

The numbers paint a sobering picture of how dangerous maritime work truly is. The commercial fishing industry alone consistently ranks as one of the deadliest occupations in the United States, with fatality rates more than 20 times higher than the national average for all workers, according to data from the Centers for Disease Control and Prevention. The offshore oil and gas industry similarly records thousands of injuries each year, ranging from slip and fall accidents on wet decks to catastrophic equipment failures.

Common maritime injuries include back and spinal injuries from heavy lifting, crush injuries from equipment and machinery, traumatic brain injuries from falls, burns from onboard fires or explosions, and repetitive stress injuries from the physically relentless nature of the work. Drowning and near-drowning events also remain a persistent hazard. Many of these injuries result in permanent disability, long-term medical treatment, and the complete inability to return to work in the maritime field.

What Compensation Can Cover

Successfully pursuing a maritime injury claim can result in compensation that goes well beyond what standard workers’ compensation offers. Injured maritime workers may be entitled to recover past and future medical expenses, lost wages and diminished earning capacity, pain and suffering, and in cases involving gross negligence, punitive damages. The combined financial impact of a serious maritime injury is often staggering — a single spinal surgery can cost hundreds of thousands of dollars, and the lifetime economic impact of permanent disability can reach into the millions.

It is worth noting that shipowners and maritime employers are typically represented by highly experienced legal teams from the moment an injury is reported. They understand the complexity of maritime law and use it to their advantage. Injured workers who attempt to navigate the claims process without qualified legal representation frequently settle for far less than they deserve.

Finding the Right Legal Representation

Given how specialized maritime law is, the attorney a worker chooses matters enormously. Not every personal injury lawyer has the background necessary to handle a Jones Act claim or an unseaworthiness case effectively. This is a field where experience, case history, and deep familiarity with admiralty law can directly influence the outcome. Many injured maritime workers begin their search online — a Google search for “what law firms are known for handling maritime injuries?” will quickly reveal that there is an entire specialty bar dedicated to this area of law, with firms that have spent decades litigating cases in federal admiralty courts and recovering significant verdicts and settlements on behalf of injured seamen and maritime workers.

When evaluating potential attorneys, injured workers should ask about the firm’s specific experience with maritime cases, their familiarity with the Jones Act and LHWCA, and their track record with cases similar in nature to the injury in question. Many reputable maritime firms work on a contingency fee basis, meaning workers’ pay nothing unless compensation is recovered.

Acting Promptly Is Critical

Time is not on the side of an injured maritime worker. The Jones Act carries a three-year statute of limitations, while claims under general maritime law may be subject to shorter deadlines depending on the circumstances. Waiting too long can eliminate otherwise valid claims entirely. More importantly, evidence fades, witnesses become difficult to locate, and documentation can be lost.

Seeking legal guidance immediately after a maritime injury — before speaking at length with an employer’s representatives or signing any documents — is the single most important step a worker can take toward protecting their rights and pursuing the full compensation they are entitled to under the law.

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