WEST TAMPA MARITIME & ADMIRALTY LAWYERS

If you’re injured on the job in a maritime or offshore setting near West Tampa, 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 your injuries do not initially seem severe. Depending on the circumstances, you may have the right to choose your own healthcare provider rather than relying solely on a physician selected by your employer. Be sure that all symptoms, injuries, and treatment recommendations are thoroughly documented in your medical records.

Document Everything

Gather and preserve as much information as possible following the accident. Take photographs of your injuries and the accident scene, and keep copies of all medical records, prescriptions, treatment plans, and related reports. If there were witnesses, record their names and contact information. It can also be helpful to keep detailed notes of any conversations with your employer, including the dates, times, and topics discussed.

Do Not Sign Anything Without Legal Advice

After an injury, an employer or insurance company may ask you to sign a waiver, release, or settlement agreement. Before signing anything, it is important to understand how the document could affect your legal rights. Some agreements may limit your ability to pursue additional compensation or resolve your claim for less than its full value.

A maritime attorney can review any documents presented to you and help you understand the potential consequences before you make a decision.

Talk to a Maritime Injury Lawyer at Morgan & Morgan in West Tampa, 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, and large lakes, as well as ports and docks. The terms are often used interchangeably, though "admiralty law" is the older term historically associated with the British naval court system. These laws regulate:

• 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 can arise in many different situations, depending on the type of work being performed and where the injury occurred. The maritime laws that apply to an injury claim often depend on the worker’s job duties, the location of the accident, and the specific circumstances involved. Some of the most common types of 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 ship passengers and crew members can suffer injuries resulting from hazardous conditions such as slippery decks, inadequate security, unsafe premises, foodborne illnesses, or negligent medical care provided onboard.

Claims arising from these incidents are often legally complex and may involve jurisdictional questions, contractual notice requirements, and shorter deadlines for filing a 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 often involve legal issues that are not present in traditional personal injury cases. Depending on the circumstances, these claims may be governed by federal maritime laws, admiralty rules, international regulations, or other specialized legal frameworks. Several factors can make maritime cases more complex, including:

• Filing deadlines that may differ from those in standard injury claims
• Eligibility requirements that vary based on a worker’s classification or job duties
• Restrictions on the types of damages available under certain maritime laws
• Jurisdictional issues, particularly in cases involving cruise ships or international waters

Because maritime claims can involve unique legal and procedural requirements, it is important to work with attorneys who understand the laws that may apply and how to effectively pursue a claim on behalf of an injured worker or passenger.

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 subject to unique deadlines and legal requirements that can differ from standard personal injury cases.

Because filing deadlines can significantly impact your ability to pursue compensation, it is important to consult with an experienced maritime attorney as soon as possible to understand the laws that apply to your situation and the options that may be available to you.

Yes, signing a liability waiver does not necessarily prevent you from pursuing a lawsuit. While waivers are intended to limit a company’s or employer’s legal responsibility, they are not always enforceable in every situation.

In general, a liability waiver does not excuse negligent or reckless conduct. This is especially important in maritime cases, where specific laws and legal protections may still allow an injured worker to pursue a claim despite having signed a waiver. Courts often scrutinize these documents closely, and they may not hold up if certain conditions aren’t met.

Common Reasons Waivers Get Thrown Out

There are several circumstances in which a court may decline to enforce a liability waiver, including:

• Gross negligence or reckless conduct: Liability waivers typically do not shield companies from claims arising out of serious misconduct, reckless behavior, or major safety violations.
• Unclear or overly broad language: A waiver may not be enforceable if it does not clearly explain the risks being accepted or the legal rights being relinquished.
• Violations of public policy: Courts may refuse to enforce waivers that conflict with public safety interests, particularly in cases involving employees or passengers.
• Unequal bargaining power: If an individual was pressured to sign a waiver or had little meaningful choice in the matter, a court may find the agreement unenforceable.
• Minors or jurisdiction-specific restrictions: In some situations, waivers signed on behalf of a child or waivers governed by laws that limit their enforceability may not hold up in court.

Maritime law presents additional considerations. For example, seamen covered by the Jones Act generally cannot waive their right to pursue claims for injuries caused by employer negligence.

Similarly, while cruise lines and maritime tour operators often include liability waivers in their contracts, those provisions may be challenged under certain circumstances, particularly when safety requirements were not followed or negligence contributed to the injury.

The answer is: it depends on what kind of offshore work you do and where it takes place. 

Traditional workers’ compensation laws often do not apply to offshore workers, but that does not mean they are without legal protections.

If you qualify as a seaman, traditional workers’ compensation benefits generally do not apply. Instead, you may have rights under the Jones Act, which allows eligible maritime workers to pursue claims against their employers for negligence or unsafe working conditions. Seamen may also be entitled to maintenance and cure benefits, which can help cover reasonable living expenses and medical care during recovery.

To qualify as a seaman, you generally must spend at least 30% of your working time on a vessel in navigation.

If you work on a dock, oil rig, or near shore, you’re likely covered by the Longshore & Harbor Workers’ Compensation Act (LHWCA). This category generally includes workers who load and unload vessels, construct or repair ships, and, in some circumstances, individuals who work on offshore oil platforms. The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides benefits that may include medical treatment, wage replacement, and disability compensation, similar to those available under traditional workers’ compensation systems.

Workers employed on the outer continental shelf may also be covered by the Outer Continental Shelf Lands Act (OCSLA), which extends LHWCA benefits to certain offshore oil and gas employees.

If you are a traditional land-based worker, your injury claim will typically be governed by your state's workers’ compensation system. These laws typically do not apply to injuries that occur on navigable waters or in offshore maritime environments.

If you are unsure how you are classified or your employer is challenging your claim, it is important to consult a maritime attorney as soon as possible. Maritime injury claims are often governed by specialized laws and legal standards that differ substantially from those that apply to traditional personal injury and workers’ compensation cases.

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.

When it comes to maritime law, the distinction between a seaman and a longshoreman goes beyond a simple job title. Your classification can affect the legal protections available to you, the benefits you may qualify for, and whether you have the right to bring a negligence claim against your employer.

Generally, a seaman is a maritime worker who:

• Works aboard a vessel in navigation (rather than one that is permanently docked or out of service)
• Spends at least 30% of their working time on that vessel or a fleet of related vessels
• Contributes to the vessel’s function or mission

Examples of workers who may qualify as seamen 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 primarily performs duties at docks, piers, terminals, and other shore-based facilities involved in shipping and cargo operations. These workers are typically responsible for tasks such as handling cargo, moving freight, maintaining equipment, and supporting port activities rather than serving as members of a vessel’s crew. Longshoremen are commonly employed at ports, shipyards, cargo terminals, and other waterfront facilities.

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 of your classification or believe you may have been misclassified, Morgan & Morgan may be able to assist. Our maritime attorneys have experience navigating the complexities of maritime law and can help you understand your legal rights, evaluate your claim, and pursue any compensation that may be available under applicable laws.

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 handled by a dedicated team that may include a personal injury attorney, case manager, paralegals, and support staff. A primary attorney will oversee your case, supported by a care team that helps keep things moving and keeps you informed throughout the process.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a 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. 

Morgan & Morgan handles cases on a contingency fee basis, which means you pay nothing upfront and owe no attorney fees unless your case is successful. We believe access to justice should not depend on a person's financial situation. That's why our motto is 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.