- PTSD is a recognized and compensable maritime injury. Maritime workers who develop PTSD after a traumatic accident have legal rights under the Jones Act — regardless of whether they suffered physical injuries.
- Your employer is required to cover PTSD treatment under maintenance and cure — including therapy, psychiatric care, and medication — until you reach maximum medical improvement. This obligation exists regardless of fault.
- More than a quarter of seafarers exhibit signs of depression, and maritime workers experience PTSD at significantly higher rates than the general population due to isolation, dangerous working conditions, and exposure to traumatic events.
- PTSD symptoms can appear months or years after a traumatic event. The three-year Jones Act statute of limitations may begin from when you discovered your PTSD was work-related — not from the date of the original accident.
- Do not minimize your psychological injuries to your employer, their doctors, or their investigators. Employers frequently attempt to deny or minimize PTSD claims. Getting independent medical and legal advice early is critical.
A vessel capsizing. A co-worker killed in front of you. An explosion that left you the only survivor. These events happen on Gulf Coast vessels and offshore platforms every year, and the psychological damage they cause can be just as disabling as any physical injury.
PTSD is not a condition that only happens to combat veterans. Maritime workers experience traumatic events at rates significantly higher than workers in most other industries. And under the Jones Act and general maritime law, PTSD caused by a traumatic workplace accident is a real injury in the eyes of the law. Your employer may be required to pay for your treatment and compensate you for what it has cost you at work and in your daily life.
Lambert Zainey has represented maritime workers with PTSD claims across the Gulf Coast for nearly 50 years. Here is what you need to know.
Symptoms of PTSD
Symptoms of PTSD usually manifest themselves soon after the traumatic event, but in some cases they may not appear for months or years later, and may come and go over time. The victim may behave normally until the symptoms are triggered by a period of stress or news of a similar accident.
Depending on its severity, PTSD may prevent a maritime worker from returning to work, enjoying normal activities, and impose other difficulties that were non-existent before the traumatic event.
There are four types of PTSD symptoms according to the U.S. Department of Veterans Affairs:
Other problems maritime workers with PTSD may experience include:
Why Delayed Onset Matters For Your Legal Claim
PTSD does not always show up right away. Some workers feel fine for weeks or months after the accident. Then something triggers it: a stressful day, news of a similar accident, or going back out on the water.
This matters for two reasons:
Your medical records. If symptoms appear late, there may be a gap between the accident and your diagnosis. An attorney can help you document the connection.
Your deadline to file. The three-year Jones Act clock may start from when you first recognized your symptoms, not from the date of the accident. Do not assume you have missed your chance to file.
Causes of Maritime Worker PTSD
Maritime work is one of the most psychologically demanding jobs in the world. Workers spend weeks or months away from home, often in tight quarters with no way to decompress. They see accidents and deaths on the job far more often than workers in almost any other industry. And they live with the constant awareness that a sinking, an explosion, or a man overboard can happen at any moment. There are many situations a maritime worker may encounter that can cause them to develop PTSD, such as:
Any of these events can trigger PTSD. When the event resulted from employer negligence, an unseaworthy vessel, or inadequate safety protocols, the injured worker has a legal claim for the psychological consequences just as they would for a broken bone or a burn.
How to Document Your Maritime PTSD Claim
PTSD claims require different documentation than physical injury claims. An attorney who has handled maritime PTSD cases will know what evidence is needed. Here is what you need to do immediately after recognizing your symptoms.
Get a professional diagnosis.
PTSD must be diagnosed by a mental health professional — a psychiatrist or psychologist — who can connect your symptoms to the traumatic event. Do not rely solely on a general practitioner for this diagnosis. A formal psychiatric evaluation that explicitly links your PTSD to the maritime accident is the foundation of your claim.
Keep a symptom journal.
Document your symptoms in writing as they occur. Write down when flashbacks happen, what triggers them, how they affect your sleep, your relationships, your ability to work. Dated, specific documentation of how PTSD is affecting your daily life significantly strengthens a claim.
Tell the connection story.
Every treating mental health professional should know the full story of what happened, not just that you “experienced a traumatic event.” The specific circumstances of the accident, the role of employer negligence or unsafe conditions, and the timeline of your symptoms all need to be in your medical record.
Do not downplay your symptoms.
Maritime employers and their insurance companies frequently use company-appointed psychiatrists to minimize PTSD diagnoses and prematurely declare maximum medical improvement. You have the right to your own independent mental health provider under maritime law.
What Your Employer Owes You for PTSD Treatment
Many maritime workers do not know that their employer is legally required to pay for PTSD treatment under maintenance and cure, not just physical injury treatment. As a Jones Act seaman, your employer must pay for all reasonable and necessary medical treatment from the date of the traumatic event until maximum medical improvement. This includes psychiatric care, therapy, and medication.
You do not need to prove negligence to receive maintenance and cure. You only need to show that your PTSD is connected to an event that occurred while you were in service of the vessel.
What PTSD treatment looks like under maintenance and cure:
Employers who wrongfully deny or terminate maintenance and cure for PTSD treatment face additional liability.
If your employer has told you that PTSD is not covered under maintenance and cure, or has cut off your benefits before you reached maximum medical improvement, contact a maritime attorney immediately. Wrongful termination of maintenance and cure can result in additional punitive damages on top of your underlying claim.
Your Legal Rights as a Maritime Worker with PTSD
Under the Jones Act
If your PTSD resulted from a traumatic event caused by your employer’s negligence — an explosion caused by inadequate maintenance, a collision caused by operator error, a man-overboard situation caused by inadequate safety equipment — you can sue your employer directly for compensation. Jones Act damages for PTSD include:
Maintenance and Cure
As a Jones Act seaman, you are entitled to maintenance and cure for all PTSD-related treatment regardless of fault. This includes therapy, psychiatric evaluations, and medication. This is from the date of the traumatic event until maximum medical improvement.
The Zone of Danger Doctrine
If you were not physically injured but were close enough to a traumatic event that your own physical safety was genuinely threatened, you may have an emotional distress claim even without a physical injury. For a full explanation of this doctrine and how it applies to maritime cases, see our post on emotional distress and the zone of danger.
Deadline
Jones Act claims must be filed within three years of the date of injury. For PTSD where symptoms appeared after the traumatic event, the three-year clock may begin from when you knew or should have known your condition was work-related. See our post on the Jones Act statute of limitations for a full explanation.
What to Do If You Are a Maritime Worker with PTSD
Step 1: Seek professional mental health evaluation immediately.
See a psychiatrist or psychologist — not just a general practitioner — as soon as you recognize PTSD symptoms. Tell them the full story of what happened on the vessel and when your symptoms began. A professional diagnosis explicitly connecting your PTSD to the maritime accident is the foundation of your legal claim.
Step 2: Report the traumatic event in writing.
If you have not already reported the event that caused your PTSD, do so in writing as soon as possible. Your legal rights begin on the date of the traumatic event — not the date of diagnosis.
Step 3: Do not speak to your employer’s doctors or investigators.
Do not give a recorded statement, speak with a company-appointed psychiatrist, or discuss your symptoms with anyone from your employer or their insurer before consulting a maritime attorney.
Step 4: Contact Lambert Zainey.
Maritime PTSD claims require attorneys who understand both the psychological injury and the legal framework. Contact us for a free, confidential consultation.
Frequently Asked Questions
How PTSD is Diagnosed
PTSD must be diagnosed by a mental health professional — a psychiatrist or psychologist with experience treating trauma. To receive a diagnosis, symptoms must last for more than a month and be severe enough to interfere with your work or relationships.
According to the National Institute of Mental Health, a formal PTSD diagnosis requires all of the following for at least one month:
- At least one re-experiencing symptom
- At least one avoidance symptom
- At least two arousal and reactivity symptoms
- At least two cognition and mood symptoms
Recovery time varies. Some people improve within six months. For others, symptoms last longer or become chronic. The two main treatments are psychotherapy and medication and your employer may be required to cover both under maintenance and cure.
Suffering from PTSD After a Maritime Accident? Here Is What to Do Next.
Maritime PTSD claims require attorneys who understand both the psychological injury and the legal framework — and who will fight to make sure your employer covers every element of your treatment and compensates you for the full impact on your life and career.
- Nearly 50 years representing maritime workers with PTSD and emotional distress claims across the Gulf Coast
- Experience with Jones Act, maintenance and cure, and zone of danger claims for psychological injuries
- Over $1 billion recovered for injured maritime workers and their families
- No fees unless we recover for you
Contact Lambert Zainey today for a free, confidential consultation — no fees unless we recover for you. Call us at 800-521-1750.
