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Maritime Injury Guide: Know Your Rights at Sea
One minute you are hauling line under a clear Gulf sky, the next you are flat on the deck with a busted shoulder and mounting hospital bills. Offshore work can pay well, yet the hazards never clock out.
At Shlosman Law Firm in New Orleans, we witness the fallout every week, and we know how fast medical costs can outpace a paycheck. Our goal here is simple: lay out, in plain language, the rights and remedies available when a maritime injury knocks you off course.
Who Qualifies as a Maritime Worker?
The Jones Act and the Longshore and Harbor Workers’ Compensation Act, or LHWCA, draw the boundary lines. Under the Jones Act, you must be a “seaman,” meaning you spend at least 30 percent of your time on a vessel that operates on navigable waters. The vessel can be anything from a shrimp trawler to a jack-up rig, as long as it floats and moves with a crew.
If you work shoreside—loading cargo, repairing hulls, or overseeing cranes—you may still fall under maritime law, just not the Jones Act. The LHWCA covers longshoremen, harbor workers, and others injured on docks, piers, or adjoining areas. Sorting out your status matters because it decides which benefits you can claim.
Your Rights Following a Maritime Injury
Seamen hurt in the service of a vessel are entitled to several protections. First, you have the right to prompt medical care. No supervisor can make you wait for treatment while paperwork piles up. Second, “maintenance and cure” begins on the day of the accident. Maintenance pays daily living costs such as rent and groceries, while cure covers medical bills until you reach maximum medical improvement.
If employer negligence or an unsafe vessel played a part, you may seek a broader injury claim under the Jones Act or general maritime law. This claim can encompass lost income, pain and suffering, vocational retraining, and additional damages. One more point: you have the option to choose your doctor. The company clinic cannot lock you in.
Jones Act: Maintenance and Cure Benefits
Maintenance and cure is a no-fault system—your employer must pay even if you slipped on your bootlace. Typical daily maintenance in the Gulf region ranges from $35 to $50, though some firms try to pay less. Cure includes hospital stays, prescriptions, physical therapy, and travel for treatment.
If an employer delays, federal courts may award attorneys’ fees or even punitive damages. Keeping every receipt and mileage log strengthens that possibility. Below is a short reference chart that compares core maritime remedies.
Quick Reference: Maritime Benefits and Deadlines
| Law | Who Is Covered? | Main Benefits | Typical Filing Deadline |
| Jones Act | Seamen (30 % rule) | Maintenance, cure, and negligence damages | 3 years from injury |
| LHWCA | Longshore & harbor workers | Wage replacement, medical care | 1 year for claim notice |
| DOHA | Families of workers lost beyond 3 nm | Pecuniary loss only | 3 years from death |
Common Maritime Injuries
Offshore mishaps run the gamut, yet a handful show up again and again. The injuries below keep the phones ringing at Shlosman Law Firm:
- Slip-and-falls on wet, oil-slick decks
- Equipment failures—frayed lines, faulty winches, or crane collapses
- Exposure to toxic fumes such as hydrogen sulfide or benzene
- Crush incidents that lead to amputations or spinal damage
Each of these can sideline a worker for months, sometimes for life, leaving households to scramble for coverage of rent and medical care.
What to Do After a Maritime Accident
Fast, organized action protects both health and legal rights. Follow these steps as soon as the danger passes:
- Report the injury. Notify the captain or supervisor before leaving the vessel or dock.
- Seek medical care right away. Do not wait until the port if the injury feels serious.
- Document the scene. Snap photos, gather names of witnesses and keep copies of accident reports.
- Keep every medical record. Ship logs, X-rays, and receipts form the backbone of your claim.
- Call a maritime injury lawyer. Early guidance can stop a paperwork error from sinking your case.
If unsafe gear, long shifts, or broken safety rules caused the accident, a Jones Act lawsuit may recover far more than maintenance and cure alone.
Other Key Maritime Laws
Beyond the Jones Act and LHWCA, several federal statutes assist families when tragedy strikes far from shore. Knowing which one fits your situation can make or break a claim.
Death on the High Seas Act (DOHSA)
DOHSA covers fatal incidents more than three nautical miles from the U.S. coast. Surviving spouses, children, and dependents may seek damages for lost financial support, funeral costs, and related expenses. Non-economic losses, such as grief, are not available under this statute.
Longshore and Harbor Workers’ Compensation Act (LHWCA)
The LHWCA offers wage benefits and medical care to injured dockworkers, shipbuilders, and other shore-based maritime employees. Claims proceed through an administrative process, and no proof of employer fault is required.
Outer Continental Shelf Lands Act (OCSLA)
OCSLA applies to oil and gas operations on the Outer Continental Shelf. It extends certain federal labor protections to platform workers. It gives the Department of the Interior oversight of drilling safety. Injury claims often blend OCSLA with the LHWCA, adding a layer of federal oversight to benefit calculations.
How a Maritime Injury Attorney Can Assist
A seasoned maritime lawyer digs for evidence that crews rarely capture in the daily log. We track down maintenance records, decode ownership trails, and interview witnesses before memories fade. By piecing together work-shift schedules, safety manuals, and medical data, we can establish negligence or unseaworthiness.
Once liability is established, an attorney handles settlement negotiations and, if necessary, prepares for trial. This frees injured seamen to focus on recovery rather than insurance phone trees or lowball offers. Deadlines under maritime law come fast, so early legal help keeps the case alive and strong.
Injured at Sea? Contact Shlosman Law Firm Today
You do not have to face an offshore injury alone. Call 504-826-9427, send a note to info@shlosmanlaw.com, or visit our website to schedule a complimentary consultation. We have stood up to maritime companies and their insurers across the Gulf, pressing for full and fair compensation. Let us shoulder the legal fight while you focus on getting back on your feet.