Start Here: A Step-by-Step Guide 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 just been injured in a maritime accident, knowing what to do next is crucial. This guide provides you with a detailed roadmap of five critical steps to take after an injury. Whether you’re dealing with medical bills, employer resistance, or legal uncertainty, these steps will help you protect your health, your legal rights, and your financial future.

Each step includes actionable advice and tips to strengthen your case, so you can move forward with confidence. Ready to take action? Let’s get started.

Need help now? Call us today at 800-521-1750 for a free consultation.

Step-by-Step Guide for Injured Maritime Workers

Step 1: Report Your Injury Immediately

Your employer may not want to hear it, but reporting your injury is the first step in protecting yourself — and one of the most important things you can do to protect yourself. Without an official record, your employer may claim the incident never happened or wasn’t work-related, making it harder to pursue compensation.

Here’s how to do it the right way:

Notify Your Employer Immediately

  • Why It’s Critical: Delays can give your employer an excuse to question whether the injury happened at work. Even if your injury seems minor, report it as soon as possible.
  • What to Do: Verbally notify your supervisor or employer, and follow up in writing to create a paper trail.

Request a Written Incident Report

  • Why It’s Critical: A written report creates an official record of the accident, which is crucial for your case.
  • What to Do:
    • Ask your employer to complete a written incident report.
    • Review the report carefully before signing to ensure it accurately describes what happened.
    • Keep a copy of the signed report for your records.
accident report paperwork for maritime workers

What If Your Employer Refuses to File a Report?

Unfortunately, some employers may try to downplay your injury or avoid filing a report altogether. Here’s how to handle it:

  • Document the incident yourself by writing down the date, time, location, and details of what happened.
  • Send an email to your supervisor describing the incident and requesting acknowledgment.
  • Save all correspondence as evidence.

Checklist: What to Include in an Incident Report

  • The date, time, and location of the accident.
  • A description of the hazardous condition or unsafe act that caused your injury.
  • The names and contact information of any witnesses.
  • Details about your immediate symptoms or injuries.

Having trouble getting your employer to cooperate? Contact us today for guidance on protecting your rights.

Step 2: Seek Medical Attention ASAP

After a maritime injury, your health needs to be your top priority. Whether you’re onshore or offshore, seeking medical attention promptly is essential for your recovery — and for building a strong case. Delays in treatment can worsen injuries and make it harder to prove they’re work-related.

Here’s what to do, whether you’re on a vessel, offshore rig, or back on land:

Injured Offshore or at Sea?

If there’s a medical officer or medic onboard:

  • Why It’s Critical: Larger ships or offshore rigs may have a medical officer or designated medic trained to handle workplace injuries. Reporting to them ensures your injury is recorded and treated as quickly as possible.
  • What to Do:
    1. Notify the ship’s medical officer or rig medic about your injury immediately.
    2. Ensure your injury is documented in:
      • The ship’s logbook (for vessels).
      • The rig’s incident reporting system (for offshore platforms).
    3. Request treatment or first aid for your injury.

If there’s no medical officer or medic onboard:

  • Why It’s Critical: On smaller vessels or less-equipped platforms, there may not be a designated medical officer. You’ll need to rely on the crew and available resources to stabilize your injury and document the incident.
  • What to Do:
    1. Report your injury to the captain, first mate, or supervisor.
      • Ask them to log the incident in the ship’s logbook.
      • If they refuse, document the injury yourself (see Step 3: Gather Evidence).
    2. Use any available first aid kits or supplies to address your immediate needs.
    3. Request communication with shore-based medical services or the Coast Guard for remote guidance or evacuation if necessary.

Follow Up Onshore Immediately

  • Why It’s Critical: Regardless of what care you received onboard, following up with a professional medical provider onshore ensures your injuries are fully evaluated and treated.
  • What to Do:
    1. Visit the nearest emergency room or clinic as soon as you return to land.
    2. Provide the doctor with any documentation or notes about your injury and treatment onboard.
    3. Choose a doctor unaffiliated with your employer, if possible, to ensure unbiased care.

Land-Based Maritime Employees

dockworker in front of a shipping vessel
  • Why It’s Critical: Injuries often occur in the high-risk conditions of shipyards, docks, or other land-based maritime environments. Reporting and seeking treatment immediately ensures that the injury is documented and prevents further complications.
  • What to Do:
    1. Notify your supervisor or site manager of your injury and request an incident report.
    2. Seek treatment at a nearby medical facility.
    3. Choose a doctor experienced in workplace injuries, and avoid relying solely on on-site first aid.
    4. Retain copies of the incident report and all medical records.

Example:
A dockworker handling cargo suffers a back injury while lifting heavy containers. They notify their supervisor and visit the on-site medical team for an initial evaluation but follow up at an external clinic to ensure proper diagnosis and documentation.

Avoid Employer-Recommended Doctors

  • Why It’s Critical: Whether you’re injured offshore or on land, employers often recommend doctors who prioritize the company’s interests, which may result in downplayed injuries.
  • What to Do:
    • Politely decline employer-recommended doctors if you have a choice.
    • Keep detailed records of all interactions with any medical professionals provided by your employer.

Document Everything

  • Why It’s Critical: Medical records are some of the strongest evidence to link your injury to the workplace accident. They also show the severity of your injuries and required treatments.
  • What to Do:
    • Request copies of all medical records, including offshore treatment notes, diagnostic tests, and prescriptions.
    • Track your symptoms and recovery progress, especially if your condition worsens.

What If My Employer Refuses Evacuation or Delays Treatment?

Vessel owners are obligated to provide prompt medical care. If treatment is delayed or denied, document their actions and consult an attorney.

Learn More: Ship Owners Are Obligated to Provide Prompt and Adequate Medical Care to an Injured Seamen

Can I Use My Health Insurance to Cover Medical Costs?

Yes, but this doesn’t waive your rights to claim maintenance and cure. Using health insurance can ensure your treatment isn’t delayed, though.

Learn More: Can I Use My Health Insurance to Pay for Medical Treatment?

Employer refusing to authorize treatment? Contact us immediately. We’ll help you get the care you deserve.

Step 3: Gather Evidence to Support Your Case

Strong evidence is the foundation of any successful maritime injury claim. It helps prove that the accident occurred, that your employer was at fault (if applicable), and the extent of your injuries. The more evidence you collect early on, the stronger your case will be.

Here’s how to gather and organize the evidence you need:

maritime worker injured

Document the Accident Scene

  • Why It’s Critical: Employers and insurance companies may dispute the details of your accident. Photos and videos of the scene can preserve key evidence before it’s cleaned up or altered.
  • What to Do:
    1. Use your phone to take photos or videos of:
      • The location where the accident happened.
      • Any hazardous conditions (e.g., slippery surfaces, broken equipment).
      • Visible injuries (e.g., bruises, cuts, swelling).
    2. Record a short video statement while the details are fresh in your mind.

Tip: Focus on capturing anything that could show negligence, such as missing safety equipment or poorly maintained workspaces.

Collect Witness Information

  • Why It’s Critical: Witnesses can corroborate your version of events, especially if your employer disputes your claim.
  • What to Do:
    1. Ask coworkers or other witnesses for their names and contact information.
    2. Politely request that they provide a written or recorded statement about what they saw.
    3. Document any conversations you have with witnesses for future reference.

Save All Related Documents

  • Why It’s Critical: Documentation creates a clear timeline of your injury and the actions taken afterward by everyone involved. These records are crucial for proving your case.
  • What to Do:
    1. Keep copies of:
      • The incident report filed by your employer.
      • Any emails, texts, or correspondence related to your injury.
      • Medical records, treatment plans, and prescriptions.
    2. Save receipts for out-of-pocket expenses related to your injury, such as transportation to medical appointments.

Preserve Faulty Equipment or Hazardous Materials

  • Why It’s Critical: If defective equipment or hazardous materials caused your injury, they could be key evidence in proving negligence.
  • What to Do:
    1. If possible, take photos of the equipment or materials involved in the accident.
    2. Request that your employer preserve the items for inspection by a legal team or investigator.

Example: A tankerman suffers chemical burns due to a faulty valve that leaked hazardous materials. The tankerman photographs the valve and requests that it be preserved for legal review.

Keep a Personal Injury Journal

  • Why It’s Critical: Injuries can evolve over time, and documenting your symptoms helps show the long-term impact of the accident.
  • What to Do:
    1. Write short daily entries describing:
      • Pain levels and symptoms.
      • Physical and emotional challenges caused by the injury.
      • Missed work or activities.
    2. Include dates and any updates from your doctor or employer.

What If I Didn’t Collect Evidence at the Time of the Accident?

It’s never too late to gather evidence. You can:

  • Request incident reports and medical records.
  • Contact witnesses to see if they remember key details.
  • Document your current symptoms and treatment progress.

Can My Employer Destroy Evidence?

Employers are required to preserve evidence related to workplace injuries. If you suspect evidence tampering or destruction, consult an attorney immediately.

Step 4: Protect Your Legal Rights from the Start

After a maritime injury, employers and their insurance companies often prioritize protecting their bottom line — not your recovery. Protecting your legal rights ensures you don’t settle for less than you deserve.

Here’s how to safeguard your case:

Avoid Signing Anything Without Legal Advice

  • Why It’s Critical: Employers or insurers may pressure you to sign waivers, statements, or settlement offers that limit your ability to seek full compensation.
  • What to Do:
    • Politely decline to sign any documents or give recorded statements without consulting an attorney.
    • Review all paperwork carefully, even if it appears routine.

Be Cautious of Surveillance Tactics

  • Why It’s Critical: Employers and insurers may use surveillance to discredit your claim. This could include monitoring your activities or social media posts for evidence that contradicts your reported injuries.
  • What to Do:
    1. Avoid discussing your injury or case online.
    2. Be mindful of your activities in public—avoid anything that could be misinterpreted as evidence you’re not injured.

Learn More: Surveillance After a Maritime Injury

Know Your Rights Under Maritime Law

Quick Overview:

  • Jones Act: Protects seamen and allows lawsuits for negligence.
  • LHWCA: Provides workers’ compensation for non-seamen maritime employees.
  • Maintenance and Cure: Requires employers to cover living and medical expenses for injured seamen.
  • General Maritime Law: Covers the rights of all maritime workers, including the duty of shipowners to provide a seaworthy vessel.
  • Death on the High Seas Act (DOHSA): Allows families of maritime workers who die in accidents beyond three nautical miles from shore to recover compensation for financial losses.
  • Outer Continental Shelf Lands Act (OCSLA): Extends workers’ compensation protections to employees working on oil rigs and other structures on the outer continental shelf.

Learn More: Know Your Rights Overview

Document Employer Interactions

  • Why It’s Critical: Employers may use intimidation, retaliation, or other tactics to discourage you from pursuing your claim. Keeping detailed records can protect you.
  • What to Do:
    • Save all emails, texts, or notes from conversations with your employer.
    • Document any instances of retaliation, such as demotions, reduced hours, or unfair treatment.
    • Report suspected retaliation to your attorney immediately.
maritime worker calling a maritime injury attorney

Don’t Delay Legal Action

  • Why It’s Critical: Maritime law has strict deadlines (statutes of limitations) for filing claims. Missing these deadlines could prevent you from recovering compensation.
  • What to Do:
    • Consult an attorney as soon as possible to ensure your claim is filed within the legal timeframe.

Can My Employer Retaliate Against Me for Filing a Claim?

No, it’s illegal for your employer to retaliate against you for reporting an injury or filing a claim under the Jones Act, LHWCA, or other maritime laws. Document any suspicious behavior and consult an attorney if retaliation occurs.

What If I’m Intimidated by My Employer?

Stay calm and document everything. A lawyer can help you file a retaliation claim if necessary.

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

Quick Deadlines:

  • Jones Act: Generally 3 years from the date of the injury.
  • Longshore and Harbor Workers’ Compensation Act (LHWCA): Typically, you must report your injury within 30 days and file a formal claim within 1 year of the injury or last payment of benefits.
  • Death on the High Seas Act (DOHSA): Generally 3 years from the date of death.
  • Outer Continental Shelf Lands Act (OCSLA): Follows the statute of limitations of the adjacent state; consult an attorney to determine the specific deadline.

Learn More: How Long Do Jones Act Lawsuits Take?


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.

Step 5: Speak with the Maritime Lawyers Trusted by Injured Workers for Over 40 Years

The maritime industry is a whole different world, governed by complex laws that require specific legal expertise. Don’t leave your case in the hands of someone who doesn’t understand it.

Hiring the right maritime lawyer can mean the difference between getting no compensation; recovering just enough to get by; or securing the full compensation you need to rebuild your life. At Lambert Zainey Smith & Soso, we’ve spent decades fighting for maritime workers, recovering over $1 billion for injured clients.

Here’s why speaking to us as soon as possible is the right move:

Maritime Law Is Complex

Maritime laws like the Jones Act, LHWCA, and OCSLA provide powerful protections for injured workers, but understanding which laws apply to your case can be challenging.

  • Why It Matters: Missteps in the claims process can lead to denied benefits or reduced compensation.
  • What an Attorney Does:
    • Identifies which laws apply to your situation.
    • Builds a legal strategy tailored to maximize your recovery.

Why Lambert Zainey: With over 40 years of experience, we’ve successfully handled thousands of maritime cases, from offshore rig injuries to shipyard accidents.

Employers and Insurers Don’t Play Fair

After an injury, employers and their insurance companies often prioritize minimizing liability over doing what’s right.

  • Why It Matters: They may offer a low settlement, deny your claim, or use surveillance to discredit your case.
  • What an Attorney Does:
    • Protects you from bad-faith tactics.
    • Negotiates aggressively to ensure you’re treated fairly.

Why Lambert Zainey: We’re known for standing up to major maritime employers and insurers, recovering over $1 billion for injured workers.

Maximizing Compensation Requires Experience

The compensation you’re entitled to may include much more than your medical bills. Damages for lost wages, pain and suffering, and future earning capacity can significantly impact your recovery.

  • Why It Matters: Without legal representation, you risk settling for far less than you deserve.
  • What an Attorney Does:
    • Calculates the full value of your claim, accounting for all current and future losses.
    • Ensures no compensation is left on the table.

Why Lambert Zainey: We’ve built a reputation for not backing down and not being fooled into taking less than you deserve. Whether through settlement or trial, we fight for maximum compensation.

Early Action Strengthens Your Case

The steps you take immediately after an injury can have a lasting impact on your case. Evidence can disappear, and deadlines may pass without action.

  • Why It Matters: Waiting too long can make it harder to prove your claim and recover compensation.
  • What an Attorney Does:
    • Acts quickly to preserve evidence, interview witnesses, and document the facts of your case.
    • Ensures all legal deadlines are met, including the Jones Act’s 3-year statute of limitations.

Why Lambert Zainey: Our team moves fast to build a strong case from day one, and we have the resources needed to make sure nothing is overlooked. 

Personalized Guidance Matters

Every maritime injury case is unique, and cookie-cutter approaches rarely deliver the best results.

  • Why It Matters: You need an attorney who will understand your specific situation and provide the guidance you need at every step.
  • What an Attorney Does:
    • Answers your questions and keeps you informed throughout the process.
    • Works closely with you to address any challenges that arise.

Why Lambert Zainey: Unlike firms that pass cases off to assistants, your case will be handled by one of our experienced maritime attorneys — start to finish.

Can I Afford a Maritime Attorney?

Yes. At Lambert Zainey, we work on a contingency fee basis, which means you pay nothing upfront and only pay if we win your case.

What If I’m Not Sure I Have a Case?

That’s exactly why we’re here. During your free consultation, we will give you honest advice about your options, whether that means pursuing a claim, negotiating with your employer, or taking no further action for now. If we don’t believe your case is strong, we won’t file a lawsuit just to make a quick buck. And we won’t contact your employer unless and until you tell us to.

Learn More: Do I Need a Maritime Attorney?

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.

Your Next Steps Could Make All the Difference

Taking the right actions now can mean the difference between protecting your rights and losing out on the compensation you deserve. Whether you’re facing medical bills, lost wages, or employer pushback, you don’t have to navigate this alone. Our experienced maritime attorneys are here to help.

At Lambert Zainey, we fight to ensure injured maritime workers get the compensation they deserve. Contact us today for a free consultation.


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