NAPLES MARITIME & ADMIRALTY LAWYERS

If you’re injured on the job in a maritime or offshore setting near Naples, 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 care as soon as possible, even if the injury initially appears minor. In some cases, you may have the right to choose your own doctor instead of the provider selected by your employer. It is important to ensure that all injuries and symptoms are thoroughly documented.

Document Everything

Take photographs of the injury and the accident scene, and keep copies of all medical records, prescriptions, and reports. Be sure to gather witness names and contact information, and document dates, times, and details of 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 Naples, Florida 

Maritime cases differ significantly from standard workers’ compensation claims. The laws, filing deadlines, and potential consequences involved are often more complex and carry higher stakes. An experienced maritime attorney can help ensure your claim is filed properly, evaluate whether your injury may fall under the Jones Act, the LHWCA, or other maritime laws, and work to pursue the full compensation available in your case.

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

• 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 based on the worker’s job duties, the location of the accident, and the specific 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 cases, injured seamen generally must prove that the employer’s negligence played a role in causing 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 injured workers to prove negligence on the part of an employer. However, strict reporting requirements and filing deadlines still apply to these cases.

Cruise Ship Injury Claims

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

These claims can involve complex jurisdictional issues, contractual restrictions, and shorter deadlines for filing a lawsuit or legal claim.

Commercial Fishing and Offshore Accidents

Commercial fishermen and offshore workers often work in hazardous conditions that can include severe weather, dangerous machinery, slippery surfaces, and long hours at sea.

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 a person dies while working offshore or traveling at sea, surviving family members may have the right to pursue compensation under maritime 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 lead to serious injuries because of hazardous equipment, slippery conditions, heavy machinery, fires, explosions, and demanding offshore work environments. 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 involve significant medical care, rehabilitation, and ongoing treatment, particularly when workers are unable to return to offshore or seafaring jobs because of their injuries.

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 standards may apply depending on the worker’s specific role or job duties
• 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 handling the complexities of maritime injury claims and working to pursue 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 certain Jones Act cases, punitive damages may also be available when there is evidence of willful misconduct or an employer’s 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 may still be able to pursue a claim even if you signed a liability waiver. These agreements are not always absolute or automatically enforceable.

While liability waivers are intended to limit a company’s or employer’s responsibility, they do not necessarily protect against claims involving negligence or reckless conduct, particularly in maritime-related cases. Courts often examine these agreements carefully, and under certain circumstances, they may not be upheld.

Common Reasons Waivers Get Thrown Out:

• Gross negligence or reckless conduct: Waivers generally do not shield companies from claims involving serious misconduct or major safety violations.
• Unclear or vague wording: If the waiver does not clearly explain the risks being assumed, a court may determine that it is invalid.
• Violations of public policy: Courts may refuse to enforce waivers that conflict with public safety interests, particularly in cases involving passengers or employees.
• Unequal bargaining power: If a person was pressured into signing the waiver or had little meaningful choice, which can occur in employment situations, the agreement may not be enforceable.
• Minors or certain jurisdictions: A waiver signed on behalf of a child, or one governed by laws that limit the enforceability of such agreements, may not hold up in court.

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.

Whether offshore workers are covered depends on the type of work they perform and where that work takes place.

Although offshore workers are often not covered by traditional workers’ compensation laws, they may still be eligible for other protections and benefits under maritime law.

For example, seamen are generally not covered by standard workers’ compensation systems, but they may have rights and remedies available 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, offshore platforms, or nearshore facilities are often covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This can include workers who load or unload ships, construct or repair vessels, and, in certain situations, perform duties on offshore oil rigs or platforms.

The LHWCA provides benefits that can include medical care, wage replacement, and disability compensation, similar to traditional workers’ compensation programs.

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 are unsure which category applies to you, or if your employer is denying your claim, it may be important to speak with a maritime attorney as soon as possible. These cases can be highly technical, and the laws governing them are often very different from standard personal 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 can affect which legal protections apply, what benefits an injured worker may be eligible to receive, and whether they may have the ability to bring 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 commonly employed at ports, shipping terminals, and shipyards. Examples of longshoremen may 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 worker classification can directly affect the types of compensation available to you and the legal options you may have 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 claims 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 based on a percentage of the settlement or verdict recovered, which means our interests are aligned with pursuing the strongest possible outcome for your case.

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.