Know Your Rights: An Overview for Injured Maritime Workers

Over $1 Billion Recovered for Maritime Accident Victims. We are proud to have a reputation for aggressively fighting for the rights of injured workers.

If you’ve been injured while working in the maritime industry, you might feel overwhelmed or unsure of what to do next. It’s important to know this: you have rights, and powerful laws exist to protect you. Whether you’re a seaman, longshoreman, offshore worker, or shipyard employee, maritime law demands that you are treated fairly, receive the medical care you need, and are compensated for your losses.

At Lambert Zainey Smith & Soso, we’ve spent over 40 years helping injured maritime workers understand their rights and take action to protect their futures. This page is here to provide clear, practical information about:

Know Your Rights: An Overview for Injured Maritime Workers

Information On Maritime Workers Rights


Companies We’ve Fought Against

Lambert Zainey has obtained recoveries from a long list of maritime companies, including some of the biggest names in the industry.

Why Understanding Your Rights Matters

A maritime injury doesn’t just hurt your body — it can turn your entire life upside down. Suddenly, you’re faced with mounting medical bills, lost wages, and the stress of not knowing how you’ll support yourself or your family. To make matters worse, the company you trusted might not tell you the whole truth about your rights — or may try to minimize what they owe you.

You didn’t ask for this, and you don’t deserve to be left in the dark. Knowing your rights gives you power:

  • Power to get the medical care you need.
  • Power to demand fair compensation for your injuries.
  • Power to hold employers accountable for unsafe conditions or negligence.

Your recovery matters. Your rights matter. Let’s get started.

If you’re not sure what rights apply to your situation, reach out to us. We’ll give you the straightforward answers you need to move forward.

Why Understanding Your Rights Matters

Rights Under Maritime Laws

If you’ve been injured while working in the maritime industry, you are protected by powerful laws that were created to safeguard workers like you. Understanding these laws gives you the power to take control of your recovery and hold employers accountable for unsafe conditions or negligence.

Here’s a breakdown of the key laws that protect injured maritime workers:

The Jones Act: Protecting Injured Seamen

The Jones Act is one of the most powerful protections for seamen injured on the job. If your injury was caused by your employer’s negligence or an unsafe vessel, the Jones Act allows you to sue your employer for damages — something workers in most industries can’t do.

Who It Protects

The Jones Act applies to workers who qualify as seamen — maritime workers who spend at least 30% of their time working on a vessel in navigation.

What You’re Entitled To Under the Jones Act:

  • Compensation for medical expenses, including future care.
  • Recovery of lost wages and loss of future earning capacity.
  • Damages for pain and suffering caused by the injury.

Example: If you slipped on an oil-covered deck or were hurt because of faulty equipment, the Jones Act ensures your employer can be held responsible.

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Longshore and Harbor Workers’ Compensation Act (LHWCA): Rights for Land-based Maritime Workers

If you work on docks, in shipyards, or in other land-based maritime roles, the LHWCA provides workers’ compensation-style benefits for on-the-job injuries. You don’t need to prove fault — you’re entitled to benefits simply for being injured on the job.

Longshoreman at work

What You’re Entitled To Under the LHWCA:

  • Medical expenses and rehabilitation.
  • Compensation for lost wages while you recover.
  • Permanent disability benefits, if applicable.

Example: If you’re a dockworker who suffered a back injury while lifting cargo, the LHWCA ensures you get the treatment and benefits you need.

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The Jones Act vs. LHWCA

Not sure which law applies to you? Consulting a maritime attorney can help clarify your rights and ensure you receive the benefits you deserve. In the meantime, you can read our full comparison of the Jones Act vs. LHWCA.

Death on the High Seas Act (DOHSA): Support for Families After Tragedy

The DOHSA provides vital support for families who have lost a loved one in a maritime accident that occurred more than three nautical miles from shore. It allows surviving family members to recover compensation for their financial losses.

What You’re Entitled To Under DOHSA:

  • Compensation for funeral expenses.
  • Recovery of lost financial support that the deceased worker would have provided.Permanent disability benefits, if applicable.

Example:  If a worker tragically dies in an offshore rig explosion, DOHSA ensures their family isn’t left struggling financially.

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Outer Continental Shelf Lands Act (OCSLA): Protecting Offshore Workers

The OCSLA extends critical protections to workers on offshore platforms, rigs, and other structures located on the outer continental shelf. It ensures workers injured on these structures can access benefits similar to those provided under the LHWCA.

What You’re Entitled To Under OCSLA:

  • Coverage for medical treatment and rehabilitation.
  • Compensation for lost wages due to your injury.

Example: If you’re an offshore worker injured on an oil platform in the Gulf of Mexico, OCSLA ensures you can recover the benefits you need to recover.

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General Maritime Law: The Right to Maintenance, Cure, and a Seaworthy Vessel

Under General Maritime Law, seamen are entitled to two critical protections: maintenance and cure and the right to recover for injuries caused by an unseaworthy vessel.

Maintenance and Cure

These are benefits that are provided to workers who qualify as seaman under the Jones Act, regardless of who was at fault for your injury.

What It Covers:

  • Maintenance provides financial support for your basic living expenses (e.g., rent, food) while you recover.
  • Cure covers your medical treatment and recovery costs until you reach maximum medical improvement (MMI).

Example: If you’re injured while working as a deckhand and require weeks of recovery, your employer must pay for your rent, groceries, and medical care.

Unseaworthiness of a Vessel

  • What It Means: Under General Maritime Law, vessel owners must provide a seaworthy vessel. This means the vessel must be safe and properly maintained, with adequate equipment and a competent crew.
  • Your Rights: If an unsafe condition aboard the vessel caused your injury — such as faulty equipment, slippery decks, or poorly trained crew — you may be entitled to additional compensation for damages.

Example: If a deckhand slips on oil that wasn’t properly cleaned up or is injured by defective machinery, they may be able to recover damages for their injury under the unseaworthiness doctrine.

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Your Employer’s Responsibilities

When you’re working in the maritime industry — whether offshore, on inland waterways, or in a shipyard — your safety is not optional. Employers are legally required to provide a safe workplace, proper training, and prompt medical care if you’re injured. If they fail to meet these responsibilities, they can and should be held accountable.

Here’s what your employer is required to do to keep you safe and what happens when they don’t.

Provide a Safe Workplace

Under maritime law, employers are obligated to maintain safe working conditions for their crew and workers. This includes:

  • Regularly inspecting and maintaining vessels, equipment, and machinery.
  • Ensuring the vessel is seaworthy and free from hazards.
  • Providing proper safety gear, tools, and equipment to perform your job.
  • Eliminating preventable dangers like slippery surfaces, exposed wiring, or poorly secured cargo.

What Happens When Employers Fail:

  • Unsafe conditions can cause life-changing injuries, from slips and falls to catastrophic accidents.
  • Under the Jones Act and General Maritime Law, employers can be held liable for negligence or for providing an unseaworthy vessel.

Example: A deckhand injured by faulty lifting equipment or a slippery deck can file a claim for negligence or unseaworthiness.

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Offer Proper Training and Safety Procedures

Employers must ensure that workers are properly trained to handle their jobs safely and that safety protocols are followed. This includes:

  • Training workers to use equipment, machinery, and safety gear correctly.
  • Ensuring crew members are aware of emergency procedures and know how to respond to incidents.
  • Conducting regular safety drills and inspections to identify and fix hazards.

What Happens When Employers Fail:

  • Lack of training leads to preventable injuries caused by misuse of equipment, human error, or emergencies spiraling out of control.
  • Under the Jones Act, employers can be held liable for failing to train workers properly.

Example: A shipmate injured during an emergency drill because of incomplete safety training can pursue compensation under maritime law.

Learn More:

Provide Prompt and Adequate Medical Care

Employers are legally required to ensure that injured workers receive timely and appropriate medical care. This includes:

  • Immediate treatment onboard by a qualified medic, if available.
  • Arranging evacuation to a medical facility if the injury is serious.
  • Covering your medical expenses under maintenance and cure, regardless of fault.
Understand Your Right if Injured Offshore

What Happens When Employers Fail:

  • Delays in treatment can worsen injuries and harm your recovery.
  • Under General Maritime Law, employers who fail to provide proper medical care may face additional liability.

Example: A seaman suffering from a broken leg who doesn’t receive proper medical care onboard may pursue claims for maintenance, cure, and additional damages.

Learn More:

Prevent Worker Fatigue

Long shifts, demanding work, and poor scheduling can lead to worker fatigue — a major cause of maritime accidents. Employers must ensure that workers have enough time to rest between shifts.

Employer Responsibilities:

  • Avoiding unsafe scheduling practices that force workers into long, uninterrupted shifts.
  • Allowing sufficient rest breaks to prevent exhaustion.
  • Recognizing fatigue as a serious safety hazard and addressing it proactively.

What Happens When Employers Fail:

  • Fatigue impairs focus, reflexes, and judgment, increasing the risk of injuries and accidents. Employers can be held liable under the Jones Act for negligence related to overwork.

Example: A tankerman injured while transporting hazardous materials due to fatigue caused by back-to-back shifts may have grounds for a Jones Act claim.

Learn More:

Protect Workers from Retaliation

Maritime law prohibits employers from retaliating against workers who stand up for their rights or report unsafe or illegal activities. Whether you’ve filed a claim for an injury, reported hazardous conditions, or exposed environmental violations, you are protected.

What Retaliation Looks Like

Retaliation can take many forms, including:

  • Firing, demoting, or reducing your hours after you report an injury or file a Jones Act claim.
  • Blacklisting you from future employment opportunities in the maritime industry.
  • Threatening or intimidating you to prevent you from pursuing a claim.

Example: If you file a Jones Act claim for an injury caused by negligence and your employer fires you, they can be held accountable for retaliation.

Whistleblower Protections

Maritime workers are often the first to witness unsafe practices, violations of safety protocols, or environmental laws. Reporting these issues is vital for protecting workers and the environment — and the law protects you for speaking up.

What You’re Protected From:

  • Retaliation for reporting unsafe working conditions, such as failure to maintain equipment or implement safety protocols.
  • Retaliation for reporting illegal environmental activities, like pollution or dumping.
  • Demotion, harassment, or termination after raising legitimate concerns.

Example: A cruise ship worker who reports illegal pollution dumping cannot legally be fired, demoted, or blacklisted.

Your Rights:

  • Employers cannot retaliate against you for reporting hazards, injuries, or violations.
  • If they do, you may be entitled to additional compensation under maritime whistleblower and anti-retaliation laws.

Learn More:

Take Action if Your Employer Doesn’t Meet Their Responsibilities

If your employer fails to keep you safe, provide medical care, or retaliates against you for standing up for your rights, you don’t have to face it alone. Maritime law is on your side, and an experienced attorney can help you hold your employer accountable.

What to Do If Your Rights Are Violated

If you believe your rights have been violated, taking the right steps early can protect your health, your job, and your future.

Here’s what you should do if your rights are being ignored:

1. Document Everything

The first step to protecting your rights is to document what’s happening. Whether it’s unsafe working conditions, denied medical care, or retaliation, keep clear records.

What to Record:

  • Dates and times of incidents.
  • Written communication (texts, emails, reports).
  • Witness names and statements.
  • Photos or videos of unsafe conditions or injuries.

Example: If you’ve been denied medical treatment, save any emails or messages where your request was refused. Document how this delay affected your health.

2. Seek Medical Care Immediately

Your health is the priority, even if your employer refuses to authorize treatment. Get the care you need and keep all records, including:

  • Medical reports, diagnoses, and treatment plans.
  • Bills and receipts for your care.

Why It Matters: Delaying treatment not only harms your recovery but can weaken your legal claim.

3. Do Not Sign Anything Without Legal Advice

After an injury or dispute, your employer or their insurance company may pressure you to:

  • Sign a settlement agreement that offers less compensation than you deserve.
  • Waive your rights to future claims.
  • Provide recorded statements that can be used to minimize your case.

Why It Matters: These documents are almost never in your best interest. Always consult with an attorney before signing anything.

4. Contact a Maritime Attorney

Standing up to an employer or their insurance company can feel overwhelming, especially when you’re recovering from an injury. An experienced maritime attorney can protect your rights and ensure you get the compensation you deserve.

What an Attorney Does:

  • Investigates your case to uncover negligence, unsafe conditions, or retaliation.
  • Ensures you receive proper maintenance and cure benefits.
  • Files claims under laws like the Jones Act, LHWCA, or General Maritime Law.
  • Pushes back against employers and insurers trying to minimize or deny your claim.

Learn More:

5. Take Action Quickly

Maritime injury claims are time-sensitive. Laws like the Jones Act and LHWCA have strict deadlines:

  • The Jones Act: 3 years from the date of the injury to file a claim.
  • The LHWCA: 1 year to file a formal claim after injury.

Waiting too long could prevent you from receiving the compensation you need.

case results

Over $1 Billion Recovered for Maritime Accident Victims

Murphy Oil Spill
$330 MILLION SETTLEMENT

Oil storage tank rupture at the Murphy Oil USA refinery in Chalmette, LA. The fastest class certification and resolution of a case of its type and magnitude to date.

ARCO Explosion
SETTLED IN ONLY 12 MONTHS

Arco cryogenic platform explosion caused by improper cold cut of Southern Natural Gas pipeline. Settlement for the injured and deceased in approximately twelve months.

Protect Your Rights Today

If your rights are being violated, don’t wait to take action. At Lambert Zainey, we’ve recovered more than $1 billion for our clients. We’ll help you hold negligent employers accountable, recover the benefits you deserve, and get back on track.

Contact us today for a free consultation and personalized guidance.


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