When injuries occur or working conditions are unsafe, many maritime employees aren’t fully aware of the rights available to them. Knowing what protections exist under federal maritime law can make a significant difference when it comes to safety, compensation, and job security.
Attorneys like those at Goldstein & Price, L.C. can attest that the laws protecting seamen and maritime workers are distinct from those that apply to most land-based employees. These laws recognize the dangers of working on the water and aim to give crew members a fair path to recovery after injury or loss.
The Importance Of Legal Protection For Maritime Workers
Unlike traditional employees who are covered by state workers’ compensation systems, maritime workers are protected under federal laws designed specifically for seagoing employees. These laws balance the interests of employers and employees by offering legal avenues to recover compensation for injuries, unsafe conditions, or employer negligence.
Rights Under The Jones Act
One of the most important protections for maritime workers comes from the Jones Act. Under the Jones Act, an injured worker may recover damages for medical expenses, lost wages, pain and suffering, and other losses related to their injury.
A Jones Act lawyer can help determine eligibility and gather evidence to show that negligence contributed to the injury. These cases often involve detailed reviews of vessel maintenance records, safety procedures, and witness statements from crew members.
Maintenance And Cure Benefits
Even without proving negligence, seamen who are injured in the course of their duties are entitled to “maintenance and cure.” Maintenance covers the cost of living expenses—such as food and housing—while the worker recovers, while cure covers reasonable medical costs related to the injury.
Unseaworthiness Claims
In addition to the Jones Act, maritime workers are protected by the doctrine of unseaworthiness. Vessel owners have a legal duty to provide a seaworthy vessel—one that is properly maintained, equipped, and staffed for the intended voyage.
If a worker’s injury stems from unsafe equipment, poor training, or an inadequate crew, the vessel may be deemed unseaworthy. This claim can exist alongside a Jones Act claim, offering an additional way for injured workers to seek compensation.
Wrongful Death Protections At Sea
When a maritime worker dies in the course of employment, the surviving family members may have rights under federal maritime laws, including the Death on the High Seas Act (DOHSA). This law applies when a death occurs more than three nautical miles from shore. Families may seek compensation for financial losses, funeral expenses, and the loss of support or companionship.
Protecting Yourself After An Injury
If you’re injured while working at sea, your first step should be to report the injury to your employer as soon as possible. Document everything related to the incident, including photos, witness names, and medical records. Keeping thorough documentation strengthens your case if your employer disputes your claim or tries to minimize your injuries.
Taking Legal Action With Confidence
Knowing your rights as a maritime employee can protect you from being taken advantage of during a difficult time. Whether your injury happened due to unsafe conditions, negligence, or an unseaworthy vessel, you have options under federal law.
Every maritime worker deserves a safe workplace and the peace of mind that their rights will be respected—onshore and offshore alike.