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.
Information On Maritime Workers Rights
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:
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.
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:
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.
Learn More:
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.
What You’re Entitled To Under the LHWCA:
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.
Learn More:
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:
Example: If a worker tragically dies in an offshore rig explosion, DOHSA ensures their family isn’t left struggling financially.
Learn More:
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:
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.
Learn More:
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:
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
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.
Learn More:
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:
What Happens When Employers Fail:
Example: A deckhand injured by faulty lifting equipment or a slippery deck can file a claim for negligence or unseaworthiness.
Learn More:
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:
What Happens When Employers Fail:
Example: A shipmate injured during an emergency drill because of incomplete safety training can pursue compensation under maritime law.
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Provide Prompt and Adequate Medical Care
Employers are legally required to ensure that injured workers receive timely and appropriate medical care. This includes:
What Happens When Employers Fail:
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:
What Happens When Employers Fail:
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:
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:
Example: A cruise ship worker who reports illegal pollution dumping cannot legally be fired, demoted, or blacklisted.
Your Rights:
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:
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:
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:
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:
Learn More:
5. Take Action Quickly
Maritime injury claims are time-sensitive. Laws like the Jones Act and LHWCA have strict deadlines:
Waiting too long could prevent you from receiving the compensation you need.
Over $1 Billion Recovered for Maritime Accident Victims
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 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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