Filing and Proving a Maritime Injury Claim

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Working in the maritime industry comes with risks. From dangerous offshore platforms to heavy equipment on vessels, injuries are often a reality for workers in this demanding field. If you’ve been injured on the job, knowing how to file and prove a claim is critical to securing the compensation you deserve.

Navigating maritime law can feel overwhelming, especially when employers or insurance companies try to minimize your injuries or deny responsibility. That’s why understanding your rights and taking the right steps early is essential. Whether you’re covered by the Jones Act, LHWCA, or another maritime law, this guide will provide you with clear, actionable steps to protect yourself and build a strong claim.

a offshore worker filing a maritime injury claim

Here’s what we’ll cover:

Who can file a maritime injury claim and which laws apply to different workers.
How to start your claim, from reporting your injury to gathering evidence.
Key evidence needed to prove your claim and overcome employer pushback.
Common challenges in the claims process and how to handle them.

At Lambert Zainey Smith & Soso, we’ve been helping injured maritime workers for over 40 years. We understand the complexities of maritime law and are here to guide you every step of the way.

Who Can File a Claim?

Maritime workers face unique risks on the job, and different laws protect different types of workers. If you’ve been injured, the type of claim you can file depends on your job role and where the injury occurred.

Here’s a quick breakdown of the major maritime laws that may apply to your case:

Seamen: Protected by the Jones Act

Seamen who spend at least 30% of their working time on a vessel in navigation are likely covered under the Jones Act. This law allows injured seamen to file claims against their employer for negligence or unsafe working conditions.

Learn More: The Jones Act: Your Rights as a Seaman

Longshoremen and Dockworkers: Covered by the LHWCA

If you work loading, unloading, repairing, or building ships in a maritime facility, you may be covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA). Unlike the Jones Act, the LHWCA provides workers’ compensation-style benefits without needing to prove employer negligence.

Learn More: LHWCA Benefits and Eligibility

Offshore Workers: Protected by the Outer Continental Shelf Lands Act (OCSLA)

Workers injured on oil rigs, offshore platforms, or structures attached to the seafloor are often covered under the Outer Continental Shelf Lands Act (OCSLA). This law provides benefits similar to the LHWCA but applies specifically to offshore injuries.

Learn More: How OCSLA Protects Offshore Workers

Families: Filing Under the Death on the High Seas Act (DOHSA)

If a maritime worker dies due to an offshore accident more than 3 nautical miles from shore, surviving family members may seek compensation under the Death on the High Seas Act (DOHSA).

Learn More: Understanding DOHSA and Wrongful Death Claims

General Maritime Law Protections

If you don’t fall under one of the categories above, General Maritime Law may still provide protections. Certain workers, such as commercial divers, tankermen, and ferry workers, may have additional legal options.

Learn More: General Maritime Law and Your Rights

Not Sure If You Qualify?

If you’re unsure whether you’re eligible to file a maritime injury claim, we can help. Our attorneys will review your case, determine which law applies to you, and guide you through the process.

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Over $1 Billion Recovered for Accident Victims

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$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.

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.

How to Start Your Claim

Taking the right steps immediately after a maritime injury can make a significant difference in the strength of your claim. Follow these key actions to protect your rights and maximize your compensation.

1. Report Your Injury Immediately

Your employer needs to be informed of your injury immediately or as soon as you are physically able.

Why This Matters:

Creates an official record of the accident.
Helps prevent your employer from claiming the injury didn’t happen at work.

What to Include in Your Report:

Date and time of the injury.
Location where the injury occurred.
Details of what caused the accident.

Always request a copy of the injury report for your own records.

2. Seek Medical Attention Immediately

Your health is the priority, so get medical care as soon as possible — even if your injury seems minor.

Your Right to Choose a Doctor:

You are not required to see a company doctor.
Seeking an independent physician ensures an unbiased medical record.

What to Document:

Diagnoses
Treatments
Medical restrictions
Prescriptions
Therapy recommendations
Future procedures

Learn More: Do I Have to See a Company Doctor?

3. Document Everything

The more evidence you gather, the stronger your claim will be. Start collecting documentation and keeping records as soon as possible after your injury.

Key Evidence to Gather:

Photos/videos of unsafe conditions or hazardous work environments.
Witness statements from coworkers who saw the incident.
Accident reports or maintenance records, if available.

4. Consult an Experienced Maritime Attorney

Maritime law is complex, and your employer and their insurance company have legal teams working to limit your claim. Having an experienced maritime lawyer on your side ensures your rights are fully protected.

What an Attorney Can Do:

Determine which maritime law applies to your case (Jones Act, LHWCA, etc.).
Gather critical evidence before it disappears.
Push back against employer denials, retaliation, or early termination of benefits.

Why It Matters:

Without legal representation, you risk losing out on compensation or having your claim unfairly denied.

Learn More: Do I Need a Maritime Attorney?

5. File Your Claim Before the Deadline

Maritime laws have strict time limits for filing claims, known as statutes of limitations. Missing these deadlines can permanently bar you from recovering compensation.

Key Deadlines:

Jones Act: 3 years from the date of your injury.
LHWCA: 1 year to file a formal claim.
DOHSA: 3 years for wrongful death claims.

Learn More: How Long Do You Have to File a Claim?

Not Sure Where to Start? We Can Help.

Filing a claim doesn’t have to be overwhelming. At Lambert Zainey Smith & Soso, we have over 40 years of experience helping injured maritime workers take the right legal steps. Let us guide you through the process and fight for the compensation you deserve.

What to Expect During the Claims Process

Filing a maritime injury claim can be a complex process. Knowing what to expect ahead of time will help you stay prepared, manage your expectations, and avoid unnecessary stress. Here’s a breakdown of the key stages in the claims process:

1. Filing Your Claim

Once you’ve gathered evidence and consulted an attorney, the first formal step is filing your claim under the appropriate maritime law, such as the Jones Act, LHWCA, or DOHSA.

What Happens Next:

Your attorney will prepare and submit the necessary legal documents, ensuring all deadlines and procedural requirements are met.
Employers or their insurers will review the claim and begin their response.

how to get started filing a maritime injury claim

2. Investigation and Evidence Gathering

After your claim is filed, both sides — your attorney and the employer’s legal team — will conduct investigations.

Your Attorney Will:

Collect additional evidence, such as maintenance logs, accident reports, and witness testimonies.
Review medical records and coordinate with expert witnesses, if necessary.

The Employer May:

Tip: Be cautious of employer surveillance and ensure your evidence is thorough and accurate.

Conduct their own investigation to dispute your claim.
Use surveillance or other tactics to challenge the severity of your injury.

3. Negotiations and Settlement Offers

In many cases, the employer or their insurance company may offer to settle your claim before it goes to court.

Why This Happens:

Employers often prefer to avoid the costs and risks of litigation.

What to Watch For:

Settlement offers may be lower than what you’re entitled to.
Your attorney will negotiate to ensure the offer reflects the full value of your injuries, lost wages, and future medical expenses.

4. Litigation (If Needed)

If a fair settlement cannot be reached, your attorney may recommend pursuing your claim in court.

What Happens in Court:

Your attorney will present evidence to prove negligence, unseaworthiness, or other violations.
Expert witnesses, such as medical professionals or maritime industry specialists, may testify on your behalf.

How Long It Can Take:

Litigation can extend the timeline of your claim, but a successful trial verdict may result in higher compensation than a settlement.

5. Resolution and Compensation

The final stage of the process is resolving your claim, either through a settlement or court verdict.

Compensation You May Be Able To Recover:

Medical expenses (past and future).
Lost wages and diminished earning capacity.
Pain and suffering.
Additional damages if your employer acted with gross negligence or retaliated against you.

What Happens Next:

Once your claim is resolved, compensation is distributed, and your case is closed.

How Long Does the Process Take?

The timeline for resolving a maritime injury claim varies depending on the complexity of the case:

Straightforward Cases: Some claims may be settled in a few months, especially if liability is clear.
Litigated Cases: Claims that go to court may take 1–2 years or more, depending on evidence gathering, court schedules, and appeals.

Related Resource: How Long Do Maritime Claims Take?

Let Us Guide You Through the Claims Process

Navigating the maritime claims process can be intimidating, but you don’t have to face it alone. At Lambert Zainey Smith & Soso, we’ve helped maritime workers file, negotiate, and win their claims for over 40 years.

Frequently Asked Questions About Filing and Proving a Maritime Injury Claim

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It’s not uncommon for employers to deny responsibility for a maritime injury or claim that the accident didn’t happen on the job.

How to Protect Yourself:

Request a copy of your injury report and ensure the incident is documented.
Gather witness statements, medical records, and photos of the accident site.
Speak with a maritime attorney who can investigate and fight employer denials.

Yes. While reporting your injury as soon as possible is ideal, not all injuries present immediate symptoms (e.g., repetitive stress injuries, chemical exposure illnesses).

If You Delayed Reporting Your Injury:

File an official report now — the sooner, the better.
Gather medical records and any documentation proving when the injury occurred.

An attorney can help challenge employer pushback if they claim you waited too long.

The compensation you may receive depends on the type of claim you file and the maritime laws that apply in your case.

Under the Jones Act, you may recover:

Pain and suffering.
Medical expenses (past and future).
Lost wages and loss of future earning potential.

Under the LHWCA, you may receive:

Medical treatment.
Rehabilitation and disability benefits.

For wrongful death claims under DOHSA:

Compensation for lost financial support.
Funeral and burial expenses.

Many injured maritime workers don’t realize they’re entitled to compensation. Even if you’re unsure, it’s worth speaking with an attorney.

At Lambert Zainey Smith & Soso, We Win With the Truth:

If your case isn’t strong, we’ll tell you honestly — we don’t take cases just to make a quick buck.
We don’t contact your employer unless you’re ready to move forward.

Our consultations are completely free, and you pay nothing unless we win.

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: Do I Need a Maritime Attorney?

Proving Your Claim: Key Evidence Needed

To successfully recover compensation, you need strong evidence that proves:

Your injury happened while performing your job.
Your employer’s negligence (or unsafe work conditions) played a role.
Your injury is serious enough to justify compensation.

The stronger your evidence, the harder it will be for your employer or insurance company to deny your claim. Here’s what you need to collect.

Medical Records and Doctor’s Reports

Your medical documentation is one of the most critical pieces of evidence in your case. It verifies the extent of your injuries and helps establish how the accident impacted your ability to work.

Key Documents to Collect:

Doctor’s diagnosis and treatment plan.
X-rays, MRIs, or lab results.
Prescription records and future treatment recommendations.

Remember, you are not required to see a company doctor.

Photos and Videos of the Incident

If possible, take photos or videos immediately after the accident. This evidence helps prove hazardous conditions or employer negligence.

If you’re unable to take photos, ask a trusted coworker to document the scene.

What to Capture:

Close-ups of any visible injuries, such as bruises, burns, or lacerations.
Photos of the accident site (e.g., wet decks, faulty equipment).
Videos showing unsafe conditions or violations of safety protocols.

Witness Statements

Statements from coworkers or other witnesses can provide crucial third-party verification of the accident.

Who to Ask:

A coworker who witnessed the accident.
A supervisor who is aware of unsafe conditions.
A shipmate who saw company negligence firsthand.

How to Document:

Have them write down or record what they saw.
Get their contact information in case further clarification is needed.

Tip: Witnesses may be hesitant to speak out against their employer — your attorney can help gather and preserve their statements.

Employer Records and Reports

Your employer’s own records may contain key evidence of unsafe working conditions or violations of safety protocols.

What to Look For:

Maintenance logs: Show whether machinery was properly inspected.
Safety violation reports: Indicate prior issues that went unaddressed.
Training records: Prove whether workers were properly trained for hazardous tasks.

Learn More: Employer Responsibilities Under Maritime Law

Personal Documentation

Your own records and notes can help track the impact of your injury over time.

What to Keep a Record Of:

A pain journal tracking daily struggles and limitations.
Dates of missed work and financial losses.
Any communication with your employer regarding your injury or benefits such as emails and texts.
Any correspondence related to your medical treatment or claim.

Role-Specific Evidence Examples

Different maritime jobs involve unique risks, and the evidence needed may vary by role. Here are some examples:

Deckhands: Photos of slippery decks, poor lighting, or faulty winches.
Tankermen: Maintenance records showing improper storage of hazardous materials.
Longshoremen: Witness statements about unsafe crane operations.
Commercial Divers: Dive logs and equipment inspections showing faulty gear.
Captains and Pilots: Voyage Data Recorder (VDR) logs revealing navigation errors or safety violations.

How an Attorney Helps Prove Your Claim

An experienced maritime injury attorney ensures that critical evidence is collected, preserved, and presented properly. They can:

How a Lawyer Helps:

Subpoenas employer maintenance and safety records.
Secures expert testimony (e.g., medical experts or accident reconstruction specialists).
Protects you from employer interference or intimidation.

Challenges in Maritime Injury Claims

Filing a maritime injury claim isn’t always straightforward. Employers and insurance companies often use aggressive tactics to delay, deny, or minimize your compensation. Understanding these challenges will help you stay prepared and protect your rights.

Denial of Injury or Liability

One of the most common employer tactics is denying that your injury happened at work or blaming you for the accident.

What This Looks Like:

Your employer claims there is no record of your accident.
They argue that your own negligence caused the injury.
They claim your injury is due to a pre-existing condition.

How to Fight Back:

Request a copy of your injury report and ensure it is properly documented.
Gather witness statements, photos, and medical records.
Speak with an attorney to prove employer negligence and fight employer denials.

Retaliation and Blacklisting

Employers may illegally retaliate against injured workers who file claims. This includes wrongful termination, blacklisting, or reduced work hours.

What This Looks Like:

You’re fired or demoted after reporting your injury.
Your employer refuses to assign you future jobs.
You hear that you’ve been blacklisted from maritime work.

How to Fight Back:

Document all job changes and keep records of communications with your employer.
Know that blacklisting is illegal, and courts have ruled against it.
Work with an attorney to file a retaliation claim and protect your rights.

Learn More: Can You Be Blacklisted for Filing an Offshore Injury Claim?

Surveillance and Employer Investigations

Employers and insurance companies often hire private investigators to monitor injured workers in an attempt to discredit their claims.

What This Looks Like:

Someone follows you or records your daily activities.
Your employer monitors your social media to find posts that contradict your claim.
A company lawyer asks misleading questions to get you to admit you aren’t as injured as you claim.

How to Protect Yourself:

Be mindful of social media. Avoid posting anything about your injury, activities, or travel.
Follow doctor’s orders strictly — don’t engage in activities that contradict your injury.
Speak with an attorney before signing statements or giving recorded interviews.

Related Resource: How Social Media Can Sink Your Maritime Injury Case

Premature Termination of Maintenance and Cure

Under General Maritime Law, injured seamen are entitled to maintenance and cure — payments covering basic living expenses and medical treatment until they reach maximum medical improvement (MMI). However, some employers cut off these benefits too soon.

What This Looks Like:

You receive a letter stating that your benefits are ending even though you are still receiving medical treatment.
Your employer claims that your injury has healed despite your doctor’s opinion.
Payments stop without explanation.

How to Fight Back:

Keep records of all medical visits and expenses.
Request written confirmation from your doctor about whether you’ve reached MMI.
An attorney can demand reinstatement of maintenance and cure benefits—or pursue punitive damages for wrongful termination.

Related Resource: Punitive Damages for Maintenance and Cure Claims

Lowball Settlement Offers

After filing your claim, your employer or their insurance company may offer a quick settlement in hopes that you’ll accept less than what you deserve.

Why This Happens:

Employers want to avoid expensive litigation.
They count on financial pressure forcing you to settle quickly.

How to Fight Back:

Never accept the first settlement offer without reviewing it with an attorney.
Consider future medical expenses and lost wages before agreeing to an amount.
Your attorney will negotiate a fair settlement or take the case to court if needed.

Don’t Let Employer Tactics Hurt Your Claim

Employers and insurers often try to delay, deny, or minimize maritime injury claims. At Lambert Zainey Smith & Soso, we know their tactics — and we know how to fight back.

Take the Next Step: Protect Your Rights and Secure Your Compensation

Filing a maritime injury claim is not just about getting compensation — it’s about protecting your future. Employers and insurance companies often try to delay, deny, or minimize claims, but you don’t have to fight this battle alone.

At Lambert Zainey Smith & Soso, we’ve been fighting for injured maritime workers for over 40 years. We know the complexities of maritime law, how to hold negligent employers accountable, and how to maximize compensation for injured workers.

If you’ve been injured working offshore, on a vessel, or in a maritime facility, don’t wait — the sooner you act, the stronger your case.Schedule a free consultation today and let us review your case, explain your legal options, and guide you through the claims process. We work on a contingency fee basis, meaning you pay nothing unless we win your case.