An injured maritime worker's rights depend on legal status, job duties, vessel connection, accident location, employer, and cause of injury. A qualifying seaman may have rights under the Jones Act, maintenance and cure, and unseaworthiness. A qualifying longshore worker, ship repairer, or shipbuilder may instead be covered by the Longshore and Harbor Workers' Compensation Act. Correctly identifying the worker's status is one of the most important steps in a maritime injury case.
Key Takeaways
- Maritime worker status determines which claims and benefits may apply.
- Jones Act seamen can sue their employers for negligence.
- Seamen may also have rights to maintenance and cure regardless of fault.
- Vessel owners may face unseaworthiness claims under general maritime law.
- Longshore and harbor workers may receive federal workers' compensation benefits through the LHWCA.
- A worker receiving LHWCA benefits may still have a claim against a negligent third party.
- Reporting and filing deadlines differ among maritime remedies.
This article provides general information and is not legal advice. Maritime injury claims can involve federal statutes, general maritime law, compensation systems, ticket contracts, foreign law, and specialized filing procedures. Reading this article does not create an attorney-client relationship.
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