Immediate Guidance 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.

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When you’re injured in a maritime accident, it can be hard to know where to start. You might be asking:

  • What should I do first?
  • How do I protect my rights?
  • Can I trust my employer to handle this fairly?

Here’s the harsh reality: Your employer’s priority is their bottom line — not your recovery. To protect yourself, it’s critical to act quickly and take control of your situation. That’s where this page comes in.

Immediate Guidance for Injured Maritime Workers

Below you’ll find:

Start here to get the clarity and support you need to move forward. 

At Lambert Zainey Smith & Soso, we’ve been protecting the rights of injured maritime workers for nearly 50 years, recovering more than $1 billion in compensation. Whether you’re ready to file a claim or just want to know your options, we’re here to help.

Get Our FREE Guide to Protect Your Claim

What you do after an accident is critical. Insurance companies will try to get you to make mistakes that can hurt your claim. Our free guide can help you avoid these traps.

Download our complimentary guide: “5 Costly Mistakes to Avoid After Any Maritime Accident” to arm yourself with the knowledge you need to protect your rights.

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Not Sure What to Do First? Follow These Steps.

After a maritime injury, knowing what to do can make all the difference. Here’s a quick breakdown of the five most critical steps you need to take to protect your health, your rights, and your future.

For more in-depth instructions, including tips and real-world examples, check out our full guide:

Step 1. Report Your Injury Immediately

  • Why It’s Important: Reporting your injury creates an official record, which is essential for pursuing a claim. Without it, your employer might argue the accident didn’t happen or wasn’t work-related.
  • Key Tip: Request a written incident report, and review it carefully before signing. Keep a copy for your records.

Step 2. Seek Medical Attention ASAP

  • Why It’s Important: Some injuries aren’t obvious right away. Prompt medical care protects your health and creates a documented timeline of your injury.
  • Key Tip: If possible, see a doctor unaffiliated with your employer to ensure your treatment isn’t influenced by company interests.
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Step 3. Gather Evidence

  • Why It’s Important: Strong evidence strengthens your case by showing negligence or unsafe conditions.
  • Key Tip: Take photos of the scene, your injuries, and any hazardous conditions. Collect witness information and save all medical records.

Step 4. Protect Your Legal Rights

  • Why It’s Important: Employers and insurance companies will prioritize minimizing their liability — not helping you recover physically or financially. Protecting your rights ensures you don’t settle for less than you deserve.
  • Key Tip: Avoid signing any documents or giving recorded statements without consulting an attorney.

Step 5. Contact a Maritime Attorney

  • Why It’s Important: Maritime law is complex, and employers often fight claims. An experienced attorney can build your case, negotiate on your behalf, and maximize your compensation.
  • Key Tip: Don’t wait. The sooner you involve an attorney, the stronger your case will be.
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Over $1 Billion Recovered for Accident Victims

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liftboat Seacor Power case result
RESOLUTION SECURED FOR ALL FAMILIES

The liftboat Seacor Power capsized in the Gulf of Mexico during a storm on April 13, 2021, killing 13 of the 19 maritime workers on board. Hugh “Skip” Lambert was appointed co-lead liaison counsel and helped recover millions of dollars in damages for survivors and the families of the deceased.

maritime vessel captain case result
WON BY EXPOSING IGNORED STOP-WORK CALLS

A vessel captain slipped on wet, oily product when forced to work in hazardous weather conditions. Lambert Zainey successfully resolved the case by showing that the captain was not properly trained, and that his supervisors ignored his calls to stop work.

Answers to Your Most Pressing Questions

After an injury, you probably have more questions than answers. Below, we’ve covered some of the most common concerns maritime workers face. Each answer is concise but designed to guide you in the right direction.

For detailed answers, explore our full FAQs:

Explore All FAQs

No, your employer cannot legally fire you for reporting an injury or filing a claim under the Jones Act or other maritime laws. However, some employers may try to retaliate. If you suspect this, document everything and contact an attorney immediately.

Learn More: Can I Be Fired for Filing a Jones Act Lawsuit?

The timeline depends on the type of claim:

  • Jones Act Claims: You generally have three years from the date of the injury.
  • LHWCA Claims: Workers must file claims within a year of the date of injury, but they must notify their employer of the injury within 30 days.

Missing a deadline can bar you from compensation, so don’t delay — speak with an attorney as soon as possible.

Learn More: How Long Do Jones Act Lawsuits Take?

Compensation depends on the specifics of your case. Under maritime law, you may be entitled to recover:

  • Medical expenses (current and future).
  • Lost wages and diminished earning capacity.
  • Pain and suffering.
  • Maintenance and cure benefits.

If your employer was negligent, the Jones Act may allow for additional damages.

Most seamen qualify for maintenance and cure under general maritime law. These benefits cover:

  • Maintenance: Daily living expenses while you recover.
  • Cure: Medical expenses related to your injury.

If your employer denies or prematurely ends these benefits, you may be able to recover additional damages.

Learn More: Know Your Rights: Maintenance and Cure

If your employer denies your claim, don’t panic. It’s common for employers to dispute claims to save money. Here’s what to do:

  • Document every interaction with your employer.
  • Gather as much evidence as possible (medical records, incident reports).
  • Consult with an attorney to push back against unfair tactics.

Yes. Maritime law is complex and not something most attorneys have any experience in. Employers often fight these claims aggressively. An experienced maritime lawyer can:

  • Navigate the claims process.
  • Build a strong case backed by evidence.
  • Negotiate for the maximum compensation you deserve.

Learn More: Meet Our Maritime Attorneys

Know the Laws That Protect Maritime Workers

Maritime law is designed to protect injured workers, but knowing your rights is essential to enforcing them. Employers and insurance companies can and will exploit a worker’s lack of legal knowledge to minimize or deny claims.

Here’s a quick overview of key maritime laws that may apply to your case:

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The Jones Act
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The Jones Act
  • Who It Protects: Seamen injured due to employer negligence.
  • Your Rights: The Jones Act allows you to file a lawsuit against your employer for unsafe working conditions, inadequate training, or other negligence that caused your injury.
  • Why It’s Important: Unlike standard workers’ compensation, the Jones Act offers broader compensation, including for pain and suffering.

Learn More: Jones Act Overview

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The Longshore and Harbor Workers’ Compensation Act (LHWCA)
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The Longshore and Harbor Workers’ Compensation Act (LHWCA)
  • Who It Protects: Dockworkers, harbor workers, and other non-seamen maritime employees injured on the job.
  • Your Rights: The LHWCA provides workers’ compensation-style benefits, covering medical expenses and lost wages for maritime employees injured on navigable waters or adjoining areas.
  • Why It’s Important: Even if you’re not a seaman, the LHWCA ensures you’re covered for workplace injuries.

Learn More: LHWCA Overview

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Maintenance and Cure
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Maintenance and Cure
  • Who It Protects: Injured seamen, regardless of fault.
  • Your Rights: Employers are required to cover your living expenses (maintenance) and medical costs (cure) while you recover. These benefits apply even if the injury wasn’t caused by negligence.
  • Why It’s Important: Maintenance and cure are critical to ensuring injured seamen can recover without financial hardship. If your employer denies or cuts off these benefits prematurely, you may be entitled to additional damages.

Learn More: Maintenance and Cure Overview

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Death on the High Seas Act (DOHSA)
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Death on the High Seas Act (DOHSA)
  • Who It Protects: Families of maritime workers who die in accidents occurring beyond three nautical miles from shore.
  • Your Rights: DOHSA allows families to recover damages for funeral expenses and the financial contributions of the deceased.
  • Why It’s Important: For fatal accidents at sea, DOHSA provides critical compensation for grieving families.

Learn More: Death on the High Seas Act Overview

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The Outer Continental Shelf Lands Act (OCSLA)
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The Outer Continental Shelf Lands Act (OCSLA)
  • Who It Protects: Workers on fixed platforms and structures on the Outer Continental Shelf.
  • Your Rights: OCSLA extends LHWCA benefits to platform workers and allows separate negligence claims against platform operators, equipment manufacturers, and contractors.
  • Why It’s Important: Platform workers are often told they are only covered by workers’ compensation. OCSLA frequently allows a third-party lawsuit on top of those benefits.

Learn More: OCSLA Overview

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Unseaworthiness Claims
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Unseaworthiness Claims
  • Who It Protects: Seamen injured by an unsafe condition on a vessel.
  • Your Rights: A vessel owner has an absolute duty to provide a vessel and equipment that are reasonably fit for their purpose. If an unsafe condition caused your injury, you can hold the owner liable even if they did not know about it.
  • Why It’s Important: You do not have to prove anyone was careless. This claim can be brought alongside a Jones Act claim, and together they provide the broadest recovery available.

Learn More: Unseaworthiness Overview

Do I Have A Case? Quiz

Do you want to know if the details of your Maritime Accident HELP or HURT your case?

Take our short quiz to find out.

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How We Can Help

Maritime laws offer powerful protections, but enforcing them isn’t always straightforward. At Lambert Zainey Smith & Soso, we have nearly 50 years of experience helping injured maritime workers and their families navigate these laws to secure the compensation they deserve.

You didn’t ask to get hurt, and you shouldn’t have to fight for fair treatment on your own. Whether you need advice on your next steps or aggressive representation for your claim, we’re here to help.

Not sure which laws apply to your case? Contact us today for personalized advice and legal representation.

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