FAQ's
Move to a safe location, call for medical help if needed, report the incident to onboard supervisors, take photos of the scene and injuries, record witness names, and preserve any physical evidence (clothing, PPE, tools).
Yes, notify your employer immediately. If the incident meets legal reporting criteria (serious injury, fatality, major damage, pollution), file or ensure a report to the USCG/NTSB as required.
Yes, seek prompt medical care even for seemingly minor injuries, document treatment, and keep all medical records and bills.
Photograph the scene and injuries, keep clothing/PPE intact, copy vessel logs and incident reports, get written witness statements or contacts, and avoid altering the scene or equipment.
Only if your doctor clears you; returning too soon can affect benefits and future damage claims, consult both your treating physician and an attorney before resuming duties.
Coverage is fact‑specific, you likely qualify if you have a substantial connection to a vessel or fleet and your duties contribute to the vessel’s mission; apply the Chandris two‑part test.
A seaman has a substantial connection to a vessel/fleet and performs work that furthers the vessel’s purpose (operation, navigation, or maintenance). Longshore and shore‑based workers typically do not qualify.
Maintenance is a modest daily living stipend; cure covers necessary medical care. Injured seamen may be entitled to maintenance and cure until they reach maximum medical improvement (MMI), regardless of fault.
Jones Act = employer negligence claim for seamen; unseaworthiness = owner liability for unsafe vessel/gear; LHWCA = workers’ compensation regime for certain non‑seaman maritime workers.
Yes, statutory beneficiaries (spouse, children, dependents) may bring maritime wrongful death claims; eligible plaintiffs and recoveries depend on the governing statute.
Possible defendants include vessel owners/operators, third‑party contractors, equipment manufacturers, charterers, and shoreside employers depending on who caused or contributed to the injury.
Unseaworthiness exists when the vessel or its gear is not reasonably fit for service; proving it requires showing the condition made the vessel unsafe and caused the injury.
Deadlines vary by claim and jurisdiction; many personal‑injury maritime claims use a three‑year period, but LHWCA, wrongful death, and contract claims can differ, consult counsel early.
Many cases settle through negotiation, but complex disputes or contested liability may proceed to trial if no acceptable settlement is reached.
Potential recoveries include medical expenses, lost wages and future earnings, pain and suffering, loss of consortium, and rarely punitive damages where egregious conduct exists.
Non‑seaman maritime workers may qualify for LHWCA benefits depending on employment status and where the injury occurred; status determines the proper benefit system.
Possibly, eligibility depends on your employer’s insurance, LHWCA rules (if applicable), private disability policies, and litigation outcomes.
Most maritime firms offer a free initial consultation (about 30 minutes) and handle cases on contingency (no attorney fee unless you recover); fee percentages and cost advances vary.
As soon as possible, early counsel helps preserve evidence, meet filing deadlines, and protect your legal rights and benefits.
Provide medical records, voyage/incident logs, photos, witness statements and contacts, training and inspection records, payroll/job records, and any preserved equipment or PPE.