FORT MYERS MARITIME & ADMIRALTY LAWYERS

If you’re injured on the job in a maritime or offshore setting near Fort Myers, Florida, what you do next can make or break your ability to get compensation. Maritime law is complex, and mistakes made early on, like not reporting the injury or signing the wrong paperwork, can seriously hurt your case.

Report the Injury Immediately

Tell your supervisor or employer as soon as possible, even if the injury seems minor. Delays can hurt your credibility, jeopardize your claim, and violate reporting deadlines, especially under the Longshore and Harbor Workers' Compensation Act (LHWCA), which requires notification within 30 days.

Seek Medical Attention

Seek medical attention as soon as possible, even if the injury does not initially seem serious. In some situations, you may have the right to choose your own doctor rather than using the provider recommended by your employer. Be sure all symptoms and injuries are fully documented.

Document Everything

Take photos of the injury and accident site and keep copies of all medical records, prescriptions, and reports. Write down witness names and contact info, and note dates, times, and what was said during any conversations with your employer.

Do Not Sign Anything Without Legal Advice

Your employer or insurance company may try to get you to sign a waiver or settlement. Don’t do it. These documents often limit your rights or offer lowball compensation. A maritime attorney at Morgan & Morgan can review any documents before you sign.

Talk to a Maritime Injury Lawyer at Morgan & Morgan in Fort Myers, Florida 

Maritime cases are not like regular workers’ compensation cases. The laws are different, the deadlines are different, and the stakes are higher. An experienced maritime lawyer can help you file your claim correctly, determine whether your injury qualifies under the Jones Act, LHWCA, or other laws, and fight for the maximum compensation you’re owed.

Maritime and admiralty law is a specialized area of law that governs legal matters involving navigable waters. This includes oceans, rivers, large lakes, ports, and docks. The terms are often used interchangeably, although “admiralty law” is the older term historically tied to the British naval court system. These laws generally govern:

• Maritime commerce
• Marine navigation
• Ship operations and registration
• Seamen’s injuries and wages
• Passenger rights
• Salvage and towage
• Pollution and environmental damage
• Piracy and crimes at sea

In short, if the incident happened on water, or even in connection with water, maritime law probably applies.

Maritime injury claims may arise in a wide range of situations, depending on the type of work being performed and the location where the injury occurred. Different maritime laws may apply depending on the worker’s role, where the accident happened, and the circumstances surrounding the injury. Some of the most common maritime injury claims include:

Seaman Injuries (Jones Act Claims)

The Jones Act allows qualifying seamen who are injured on the job to pursue claims against their employers for negligence. Unlike traditional workers’ compensation claims, injured seamen must show that the employer’s negligence contributed to the injury.

Under the Jones Act, a seaman is generally someone who spends a significant portion of their working time aboard a vessel in navigable waters. Common causes of Jones Act claims include:

• Unsafe working conditions
• Faulty or poorly maintained equipment
• Inadequate training or supervision
• Failure to provide proper medical care
• Assaults by coworkers or officers
• Longshore and Harbor Worker Injuries (LHWCA)

Dockworkers, shipbuilders, crane operators, and other harbor workers who are not classified as seamen may be covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA).

Unlike Jones Act claims, LHWCA claims generally do not require proof of negligence, but strict deadlines and reporting requirements still apply.

Cruise Ship Injury Claims

Cruise passengers and crew members can suffer injuries caused by slippery decks, unsafe conditions, negligent security, foodborne illness outbreaks, or onboard medical negligence.

These claims can involve complicated jurisdictional questions, contractual restrictions, and shorter time limits for filing a lawsuit or claim.

Commercial Fishing and Offshore Accidents

Commercial fishermen and offshore workers often face dangerous conditions, including severe weather, hazardous equipment, slippery surfaces, and long working hours.

Depending on the circumstances, these claims may involve the Jones Act, general maritime law, or the Outer Continental Shelf Lands Act (OCSLA).

Wrongful Death at Sea

When someone dies while working offshore or traveling at sea, surviving family members may have grounds to pursue compensation under laws such as the Death on the High Seas Act (DOHSA).

These claims may involve compensation for funeral expenses, lost financial support, and other damages permitted under maritime law.

Maritime accidents can result in severe injuries due to dangerous equipment, slippery surfaces, heavy machinery, fires, explosions, and harsh offshore conditions. Some of the most common injuries include:

• Broken bones and fractures
• Spinal cord injuries
• Traumatic brain injuries
• Burns and electrocution injuries
• Crush injuries and amputations
• Drowning and near-drowning injuries
• Repetitive stress injuries
• Hearing or vision loss
• Emotional trauma and PTSD

Many maritime injuries require extensive medical treatment, rehabilitation, and long-term care, especially when they prevent workers from returning to their jobs offshore or at sea.

Maritime injury claims are often more complex than standard personal injury cases because they may involve federal maritime laws, admiralty rules, international regulations, and unique filing deadlines. Factors that can make these claims different include:

• Shorter deadlines for filing certain claims
• Different eligibility requirements depending on the worker’s role
• Restrictions on the types of damages available under some maritime laws
• Jurisdiction disputes, particularly in cruise ship or international cases

At Morgan & Morgan, our legal team has experience navigating the complexities of maritime injury claims and pursuing compensation for injured workers and passengers.

The damages available depend on the specific law governing your case, but generally, maritime injury victims can pursue compensation for:

• Medical expenses
• Lost wages and future earning capacity
• Pain and suffering
• Disability and disfigurement
• Emotional distress
• Vocational rehabilitation
• Loss of enjoyment of life
• Wrongful death (in applicable cases)

In Jones Act claims, punitive damages may also be awarded in rare cases of willful misconduct or failure to provide maintenance and cure.

The amount of time you have to file a maritime claim depends on the type of case and the laws that apply. Maritime claims are often governed by unique legal requirements and filing deadlines that may differ from those in standard personal injury cases.

Because missing a filing deadline could affect your ability to recover compensation, it’s important to speak with an experienced maritime attorney as soon as possible to understand your rights and legal options.

Yes, you might still be able to sue, even if you signed a liability waiver. Liability waivers aren’t always ironclad.

Although waivers are designed to limit a company’s or employer’s liability, they do not automatically shield parties from claims involving negligence or reckless conduct, particularly under maritime law. Courts often scrutinize these agreements closely, and in some situations, they may not be legally enforceable.

Common Reasons Waivers Get Thrown Out:

• Gross negligence or recklessness: Waivers typically don’t protect companies from lawsuits involving serious misconduct or safety violations.
• Ambiguous or vague language: If the waiver isn’t clear about what risks you’re accepting, it may be invalid.
• Public policy violations: In some cases, courts won’t enforce waivers that contradict public safety interests, especially involving passengers or employees.
• Unequal bargaining power: If you were pressured to sign or didn’t have a real choice (common in employment settings), a court may find the waiver unenforceable.
• Minors or certain jurisdictions: If a parent signed a waiver for a child, or if the incident occurred in a jurisdiction that limits the enforceability of such documents, the waiver might not stand.

In maritime contexts, some waivers don’t hold much water. For instance, Jones Act seamen cannot waive their right to sue for injuries caused by employer negligence.

On the other hand, cruise lines and tour operators often include waivers in their contracts, but these can be contested, especially if they failed to follow safety procedures.

The answer depends on the type of offshore work you perform and where the work takes place.

Offshore workers are frequently not covered under traditional workers’ compensation laws, but they may still have access to other legal protections and benefits.

If you’re a seaman, workers’ compensation doesn’t apply, but you may be covered under the Jones Act. This allows you to sue your employer for negligence and unsafe working conditions. You’re also entitled to maintenance and cure, which covers living expenses and medical treatment while you recover.

To qualify as a seaman, a worker generally must spend at least 30% of their job duties aboard a vessel in navigation.

Workers who primarily perform duties on docks, oil rigs, or nearshore facilities are more commonly covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This includes workers who load/unload ships, build/repair vessels, or work on offshore oil platforms (in some cases). The LHWCA provides benefits that may include medical treatment, wage replacement, and disability compensation, similar to traditional workers’ compensation systems.

If you work on the outer continental shelf, you may be covered under the Outer Continental Shelf Lands Act (OCSLA), which extends LHWCA benefits to certain offshore oil and gas workers.

If you’re a traditional land-based worker, standard state workers’ compensation laws apply. These usually don’t cover injuries that occur on navigable waters or offshore.

If you’re unsure what category you fall into, or if your employer is denying your claim, talk to a maritime lawyer as soon as possible. These cases are highly technical, and the laws differ from standard injury claims.

Morgan & Morgan has experienced maritime and offshore injury attorneys who know how to fight for your rights—and we only get paid if we win. Reach out today for a free case evaluation.

In maritime law, the difference between a seaman and a longshoreman involves more than just a job title. The distinction may determine which legal protections apply, what benefits an injured worker may qualify for, and whether they may have the right to pursue a negligence claim against an employer.

A seaman is someone who works on a vessel in navigation (not permanently docked or decommissioned), spends at least 30% of their work time on that vessel (or fleet of vessels), and contributes to the mission or function of the vessel. Examples of a seaman include:

• Deckhands
• Engineers
• Cooks aboard ships
• Tugboat crew
• Fishermen

And their legal protections are:

• Covered by the Jones Act
• Can sue their employer for negligence
• Entitled to maintenance and cure (living expenses + medical costs during recovery)

A longshoreman is a maritime worker who typically performs duties on docks or land-based facilities, such as loading and unloading cargo ships, rather than working primarily aboard vessels. Longshoremen are often employed at ports, terminals, and shipyards. Examples of longshoremen include:

• Dock workers
• Crane operators
• Shipbuilders
• Harbor construction workers

And their legal protections are:

• Covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA)
• Entitled to workers’ compensation-style benefits (medical expenses, wage replacement, disability)
• Usually cannot sue their employer, but may have third-party claims

Your classification directly impacts what kind of compensation you can receive and what legal action you can take after a maritime injury. If you are unsure about your classification or believe you may have been misclassified, Morgan & Morgan may be able to assist. Our maritime attorneys understand the complexities of these cases and work to pursue the compensation injured workers may be entitled to recover.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you’re backed by America’s Largest Injury Law Firm, with 1,000 attorneys, and offices nationwide.

Your case will be managed by a dedicated team that may include a personal injury attorney, case manager, paralegals, and other support staff. A lead attorney will oversee your case, while the broader care team works to keep your claim progressing and helps keep you updated throughout the process.

We value communication with our clients. Most updates and conversations will take place with your Case Manager by phone or email, and if you would like to speak directly with your attorney, we can arrange a scheduled phone call.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As America’s Largest Injury Law Firm, with 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights. 

We handle cases on a contingency fee basis, which means you pay nothing unless your case is successful. At Morgan & Morgan, we believe legal representation should be accessible to everyone, which is why the Fee Is Free™—you only pay if we win.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. Contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.