When you work on the water you know the toll that hard labor can take. Injuries on the job are a reality for maritime workers, but unlike land-based employees, your rights and protections fall under a different system called maritime law. The Longshore and Harbor Workers’ Compensation Act (LHWCA) exists specifically for people like you, seamen, dockworkers, and offshore crew.
Unlike traditional workers’ compensation, which is built around land-based workplaces, maritime workers’ compensation accounts for the dangers of life at sea, heavy equipment, long hours, and unpredictable conditions.
At Falcon Offshore Injury, our maritime attorneys understand the differences between workers’ compensation and maritime law benefits. Our attorneys will work to ensure that injured maritime workers receive the compensation they deserve. Contact us today for a free consultation to start receiving your compensation.
In traditional workers’ compensation systems, benefits are generally provided through a no-fault framework, meaning you can receive medical care and wage replacement after an injury regardless of who caused it. You don’t need to prove that your employer was negligent to secure these benefits. This system is designed to provide quick support for land-based workers, but it often comes with strict limits on the amount and type of compensation available.
Maritime law related to injured maritime workers primarily operates under the LHWCA. This federal law provides a no-fault benefits system for workers hurt while performing maritime-related jobs on navigable waters or adjoining areas such as docks, piers, terminals, and shipyards.
Under the LHWCA, injured employees are entitled to compensation including medical care and a portion of lost wages regardless of who caused the injury. For example, maritime workers may pursue:
Working on a vessel or at a harbor is not easy. It often involves grueling, physical labor where injuries can happen in an instant. Maritime law recognizes two critical protections, maintenance and cure and wage loss benefits. These benefits are designed specifically for seamen and offshore workers, giving you the support you deserve while you recover. Here’s a breakdown of what these benefits include:
These maritime-specific benefits are built around the realities of working at sea, giving injured workers a stronger foundation for recovery and financial support. At Falcon Offshore Injury, our attorneys fight to make sure every maritime worker receives the full benefits they’ve earned.
Unlike traditional workers’ compensation, which covers land-based jobs, the Jones Act allows seamen who are injured while working on a vessel to pursue claims against their employer for negligence. This means if unsafe conditions, faulty equipment, or mistakes by the vessel owner caused your injury, you may be entitled to compensation beyond standard medical care and wage replacement.
To qualify for Jones Act benefits, you must meet the legal definition of a seaman, someone who contributes to the vessel’s function and spends a significant portion of their time on board. Benefits include:
Maritime work is demanding, and maritime law recognizes that you deserve more than just basic care after an injury.
In maritime injury cases, strict adherence to deadlines is critical. Missing filing deadlines or failing to provide timely notice can jeopardize your ability to receive benefits and pursue compensation. Both the Jones Act and the LHWCA impose specific time frames for notifying employers and filing claims, which vary based on the nature of your injury and applicable law. Understanding and acting within these deadlines is essential to protect your rights and ensure you receive the full benefits you deserve.
Under the LHWCA, injured workers typically must notify their employer in writing within 30 days of the injury or knowledge of its work-related nature. This notification starts the claims process and prevents denial on procedural grounds. For Jones Act claims, notice is generally less formal but should be given as soon as possible to the employer or vessel owner to preserve your claim.
For LHWCA benefits, you must file a claim within three years from the date of injury or last payment of compensation.
Jones Act claims for negligence typically have a three-year statute of limitations from the date of injury or discovery of harm.
Other maritime claims may have varying deadlines, so precise timing can depend on the specific circumstances and jurisdiction.
Properly completing and submitting all required paperwork on time is vital. This includes formal claim forms, medical reports, and any evidence supporting your injury and its work-related cause. Incomplete or late documentation can cause delays or loss of benefits.
While extensions to these deadlines are rare, they can occur in limited situations, such as if the injury was not discovered immediately or if the injured worker was legally incapacitated. These exceptions require careful legal argument and documentation.
Injured maritime workers should consult with attorneys familiar with maritime law to ensure all notices and claims are timely and accurately filed, safeguarding their rights to compensation and legal remedies.
Maritime claims are handled very differently from traditional land-based workers’ compensation cases. Federal maritime courts oversee claims, providing a system tailored to the unique hazards of maritime work. These courts understand the dangers you face, from heavy equipment to unpredictable seas, and can handle claims where employer negligence plays a role in your injury.
Key distinctions include:
At Falcon Offshore Injury, our maritime attorneys are experienced in navigating federal courts and applying maritime law to protect the compensation you’ve earned through your work on the water.
Working at sea comes with unique risks and challenges that land-based jobs don’t face, and the laws protecting you reflect those differences. At Falcon Offshore Injury, our attorneys specialize in maritime law and know the distinctions inside and out. We’re here to guide injured maritime workers through every step of the claims process, whether it’s securing no-fault benefits under the Longshore and Harbor Workers’ Compensation Act or pursuing fault-based claims under the Jones Act. Don’t let complex maritime laws delay the compensation you deserve. Contact us today for a free consultation. Let us help protect your rights and secure your future on the water.
