A maritime injury attorney specializes in federal maritime laws like the Jones Act, LHWCA, and maintenance and cure doctrines. These lawyers represent injured seamen, longshoremen, and offshore workers who suffer workplace injuries on vessels or navigable waters. They handle negligence claims, unseaworthiness cases, and help clients recover damages for medical expenses, lost wages, pain and suffering—compensation often exceeding standard workers’ compensation benefits.
5 Essential Steps to Hiring a Maritime Injury Attorney
The deck lurched beneath your feet. Before you could grab the railing, a loose cable caught your ankle and sent you crashing into the bulkhead. Now you’re sitting in a hospital bed with a fractured vertebra, wondering how you’ll pay next month’s rent while your employer’s insurance adjuster keeps calling with lowball settlement offers.
Commercial fishing kills 29 workers per 100,000 annually—making it one of America’s deadliest professions. Oil rig accidents, tugboat collisions, and cruise ship incidents injure thousands more maritime workers each year. Unlike traditional workplace injuries covered by standard workers’ compensation, maritime injuries fall under specialized federal laws that most personal injury attorneys don’t understand.
This guide walks you through finding the right maritime injury attorney, understanding your unique legal protections, and maximizing compensation when negligence puts your livelihood at risk.
Why Maritime Injury Cases Require Specialized Attorneys
Your cousin’s car accident lawyer can’t help you here. Maritime law operates in a completely different legal universe with its own rules, remedies, and requirements that date back centuries.
Federal maritime law governs injuries occurring on navigable waters or vessels. This includes oceans, rivers used for commerce, ports, docks, and offshore platforms. The Jones Act, Longshore and Harbor Workers’ Compensation Act, and ancient doctrines like maintenance and cure create protections that standard workers’ compensation laws don’t provide. These laws allow you to sue for negligence and recover damages for pain and suffering—rights that land-based workers typically forfeit.
The complexity starts with determining your worker classification. Are you a seaman under the Jones Act? A longshoreman covered by LHWCA? The answer dictates which laws apply, what compensation you can pursue, and which deadlines you must meet. An attorney who spent the last decade handling car accidents won’t recognize the difference between unseaworthiness claims and negligence actions. They won’t know that you need to spend at least 30% of your working time contributing to vessel operations to qualify as a Jones Act seaman.
Maritime employers and their insurers employ defense attorneys who specialize exclusively in minimizing payouts to injured workers. These lawyers know every loophole in admiralty law. They’ll argue you weren’t in service of the vessel when injured. They’ll claim your condition reached maximum medical improvement earlier than your doctor states. Fighting them requires an attorney who speaks their language and knows their tactics.
Understanding Your Maritime Legal Protections
Three primary legal frameworks protect maritime workers, each offering different remedies depending on your job duties and where your injury occurred.
The Jones Act covers seamen—crew members who spend substantial time working aboard vessels in navigation. This 1920 federal law allows you to sue your employer for negligence if unsafe conditions, inadequate training, defective equipment, or other failures contributed to your injury. The burden of proof is remarkably low compared to standard negligence cases. You only need to show employer negligence played any role in causing your injury, even if that role was minimal. If proven, you can recover medical expenses, past and future lost wages, pain and suffering, mental anguish, and loss of earning capacity. These damages typically exceed workers’ compensation limits significantly.
Maintenance and cure represents your absolute right as a seaman, regardless of fault. If you’re injured or become ill while in service of a vessel, your employer must pay maintenance (daily living expenses like rent and utilities) and cure (all reasonable medical treatment) until you reach maximum medical improvement. This coverage exists whether your employer was negligent or you caused the accident yourself. Employers who delay or deny these payments face penalties including attorney fees and punitive damages.
The Longshore and Harbor Workers’ Compensation Act protects maritime workers who aren’t seamen. This includes longshoremen, harbor workers, ship repairers, and offshore platform employees. LHWCA provides workers’ compensation-style benefits administered by the Department of Labor. You receive two-thirds of your average weekly wage for temporary total disability, medical coverage, and vocational rehabilitation if needed. Unlike state workers’ compensation, LHWCA also permits third-party lawsuits. If a vessel owner’s negligence caused your injuries while you worked on their ship, you can pursue additional compensation beyond LHWCA benefits.
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5 Steps to Choosing the Right Maritime Attorney
Finding competent representation requires asking targeted questions and evaluating specific credentials that matter in maritime cases.
Step 1: Verify Maritime Law Specialization. Ask what percentage of the attorney’s practice involves maritime injury cases. You want someone dedicating at least 75% of their work to Jones Act claims, LHWCA cases, or general maritime law. General personal injury lawyers lack the nuanced understanding of concepts like vessel unseaworthiness or the unique maintenance and cure obligations. Check if they’re a Proctor in Admiralty—a designation from the Maritime Law Association indicating specialized expertise.
Step 2: Examine Case Results in Similar Situations. Don’t be impressed by firms advertising “billions recovered” from mass tort settlements. Those numbers mean nothing for your individual case. Request specific results from Jones Act trials or LHWCA settlements involving injuries like yours. A lawyer who’s never taken a maritime case to trial may push you toward inadequate settlements because they’re uncomfortable in admiralty court.
Step 3: Assess Federal Court Experience. Most maritime cases proceed in federal court under admiralty jurisdiction. Your attorney should have extensive federal court litigation experience and established relationships with judges who regularly hear maritime matters. Ask how many federal maritime trials they’ve conducted in the past five years. Attorneys who primarily practice in state court may struggle with federal procedures and admiralty-specific rules.
Step 4: Evaluate Industry Knowledge. Maritime work involves specialized equipment, vessels, and operational procedures. An effective attorney understands the difference between a jack-up rig and a semi-submersible platform. They know how winch operations work and what safety standards the Coast Guard requires. This knowledge helps them recognize when employers deviate from industry standards and identify which experts to consult when building your case.
Step 5: Clarify Fee Structures and Costs. Most maritime injury attorneys work on contingency, taking 33-40% of your settlement or verdict. Confirm whether you’re responsible for case costs like expert witness fees, medical record retrieval, and deposition expenses. Some firms advance these costs and deduct them from your recovery, while others require you to pay regardless of outcome. Get this arrangement in writing before signing a representation agreement.
What Maritime Injury Lawyers Actually Do
These attorneys serve as your advocate through a complex legal process that often takes months or years to resolve.
Investigation forms the foundation of strong cases. Your lawyer interviews witnesses, photographs accident scenes, reviews vessel maintenance records, and obtains Coast Guard incident reports. They examine your employment history to establish seaman status or LHWCA coverage. This fact-gathering phase determines whether you can prove negligence, unseaworthiness, or violations of safety regulations that contributed to your injury.
Claims administration involves filing paperwork with government agencies and employers. For LHWCA cases, your attorney submits claims to the Department of Labor and communicates with claims examiners. For Jones Act matters, they file administrative claims with your employer and their insurance carrier. They track strict deadlines—missing a filing window can eliminate your right to compensation entirely. Maritime statutes of limitations vary, but many require action within three years of injury.
Negotiation happens throughout your case. Your lawyer corresponds with defense attorneys, insurance adjusters, and claims administrators to pursue fair settlements. They calculate your claim’s value by totaling medical expenses, projecting future treatment costs, documenting wage losses, and assessing non-economic damages. Many maritime cases settle before trial, but effective negotiation requires willingness to litigate if necessary. Defendants offer better settlements when they know your attorney can and will try the case.
Litigation becomes necessary when settlement negotiations fail. Your attorney files a lawsuit in federal court, conducts discovery to gather evidence from the defense, takes depositions of company representatives and witnesses, and presents your case before a judge or jury. Maritime trials differ from standard civil trials because admiralty law permits bench trials where judges decide both facts and law. Your attorney’s federal court experience becomes crucial during this phase.
Common Maritime Injuries and Compensation
Understanding typical injuries and their compensation helps you recognize whether settlement offers reflect your case’s true value.
Slip and fall accidents dominate maritime injury claims. Wet decks, inadequate lighting, missing handrails, and unsecured equipment create hazards that cause broken bones, head trauma, and spinal injuries. These accidents often establish both negligence (failure to maintain safe conditions) and unseaworthiness (defective ship condition). Compensation varies dramatically based on injury severity. A broken wrist might settle for $50,000-$150,000, while a traumatic brain injury requiring lifelong care could exceed $2 million.
Back and neck injuries frequently result from lifting operations, vessel movements in rough seas, and struck-by accidents involving cargo or equipment. Herniated discs, spinal fractures, and soft tissue damage can permanently limit your ability to perform maritime work. Settlements must account for vocational retraining if you can’t return to sea. Awards typically range from $100,000 for minor disc herniations to over $1 million for injuries requiring spinal fusion surgery or causing paralysis.
Burns from fires, explosions, or chemical exposure carry substantial compensation potential due to extensive medical treatment requirements and significant scarring. Third-degree burns often necessitate multiple surgeries, skin grafts, and years of rehabilitation. Pain and suffering damages increase substantially when injuries cause permanent disfigurement or disability. Burn cases regularly settle or result in verdicts exceeding $500,000.
Fatal accidents trigger wrongful death claims under the Death on the High Seas Act or state wrongful death statutes. Surviving spouses and dependents can recover for lost financial support, loss of care and companionship, and funeral expenses. DOHSA applies to deaths occurring more than three nautical miles from shore, while state laws govern deaths closer to land or on vessels in port. Wrongful death settlements in maritime cases often reach seven figures when the deceased was the family’s primary earner.
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Mistakes That Damage Your Maritime Injury Case
Certain actions can significantly reduce your compensation or eliminate your claim entirely.
Giving recorded statements to employers or insurance adjusters without legal representation tops the list. Defense attorneys use these statements to establish that you’re not actually injured, your injury wasn’t work-related, or you contributed to causing the accident. They’ll ask leading questions designed to elicit damaging admissions. Politely decline these requests until you’ve consulted with a maritime attorney who can prepare you properly.
Accepting early settlement offers before understanding your injury’s full extent creates problems you can’t fix later. Maritime law doesn’t allow you to reopen settlements when you discover your “minor” back injury actually requires surgery. Employers and insurers rush to settle while you’re worried about bills and eager for any money. Wait until your treating physician determines whether you’ve reached maximum medical improvement and what future treatment you’ll need.
Delaying medical treatment or failing to follow doctor’s orders damages your credibility. Defense attorneys argue that gaps in treatment mean you’re not really hurt or that something other than the workplace accident caused your current condition. Attend all appointments, take prescribed medications, complete physical therapy, and document every symptom you experience. This medical record becomes critical evidence supporting your claim.
Posting on social media about activities, travel, or your physical condition creates ammunition for defense attorneys. They routinely monitor injured workers’ Facebook, Instagram, and other accounts looking for contradictory evidence. A photo of you fishing might be used to argue your back injury isn’t severe—even if that fishing trip caused you excruciating pain afterward. Set accounts to private and avoid posting anything related to your injury or activities during your case.
Frequently Asked Questions
How much does a maritime injury attorney cost?
Most maritime injury lawyers work on contingency fees, typically charging 33-40% of your final settlement or verdict. You pay nothing upfront, and the attorney only collects if you recover compensation. Some attorneys charge higher percentages if your case goes to trial rather than settling. Always clarify whether case costs (expert fees, medical records, filing fees) come from your portion of the settlement or are deducted separately. Many firms advance costs and only recoup them if you win, protecting you from out-of-pocket expenses.
What’s the difference between Jones Act claims and regular workers’ compensation?
Jones Act claims allow you to sue your employer for negligence and recover damages for pain and suffering, emotional distress, and loss of enjoyment of life—remedies workers’ compensation prohibits. You only need to prove negligence played any role in your injury, however small. Jones Act damages typically far exceed workers’ compensation limits. Additionally, you receive maintenance and cure benefits regardless of fault, covering living expenses and medical care until maximum medical improvement. Workers’ compensation provides more limited benefits but doesn’t require proving employer negligence.
How long do I have to file a maritime injury lawsuit?
Jones Act claims must be filed within three years from the date of injury. LHWCA claims require notice to your employer within 30 days of injury and formal claim filing with the Department of Labor within one year. Maintenance and cure claims have no specific time limit but should be pursued promptly. These deadlines are strict—missing them eliminates your right to compensation. Some exceptions exist for cases where injury symptoms develop gradually or when you discover negligence later, but don’t risk your claim by waiting. Consult a maritime attorney immediately after any workplace injury.
