ALPHARETTA MARITIME AND ADMIRALTY LAWYERS

If you are injured while working in a maritime or offshore setting near Alpharetta, Georgia, the steps you take afterward can significantly affect your ability to recover compensation. Maritime law can be complex, and early mistakes, such as failing to report the injury or signing paperwork without understanding it, may weaken your claim.

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 Care

Get medical attention as soon as possible, even if your injuries initially seem minor. Depending on the circumstances, you may be allowed to see a doctor of your choice rather than only the provider recommended by your employer. Be sure every injury and symptom is carefully documented.

Preserve Important Evidence

Photograph your injuries and the accident scene, and save copies of medical records, prescriptions, incident reports, and other relevant documents. Record the names and contact information of any witnesses, along with the dates, times, and details of 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 Alpharetta, Georgia 

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 result from a wide range of accidents, depending on the work involved and where the incident occurred. The laws that apply may vary based on the worker’s position, the location of the accident, and the circumstances of the injury. 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

Slippery decks, hazardous onboard conditions, inadequate security, foodborne illness, or negligent medical care can injure cruise passengers and crew members.

Cruise ship injury claims may involve complex questions about jurisdiction, restrictions in passenger contracts, and filing deadlines that are shorter than those for many other injury claims.

Commercial Fishing and Offshore Accidents

Commercial fishermen and offshore employees frequently work in dangerous environments that may involve severe weather, unsafe equipment, slippery surfaces, and long or demanding shifts.

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).

Depending on the circumstances, these claims may allow surviving family members to seek compensation for funeral costs, lost financial support, and other damages available 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 can be more complicated than typical personal injury cases because they may be governed by federal maritime laws, admiralty rules, international regulations, and specialized filing requirements. Factors that can make these cases different include:

• Shorter deadlines for filing certain claims
• Different eligibility requirements based on the injured person’s job and duties
• Restrictions on the damages available under certain maritime laws
• Disputes over where a claim should be filed, particularly in cruise ship or international cases

Morgan & Morgan’s legal team understands the challenges involved in maritime injury claims and may be able to help determine which laws apply, protect your rights, and pursue the compensation you deserve.

The compensation available will depend on the maritime law that applies and the circumstances of the case. In general, an injured person may be able to pursue damages for:

• Past and future medical expenses
• Lost wages and reduced future earning capacity
• Pain and suffering
• Disability or disfigurement
• Emotional distress
• Vocational rehabilitation
• Loss of enjoyment of life
• Wrongful death-related losses, when applicable

In certain cases involving the willful failure to provide maintenance and cure, punitive damages may also be available. An attorney can review the facts of the case and determine which types of compensation may be pursued.

The deadline for filing a maritime claim varies based on the type of claim and the laws governing the case. Maritime cases may involve specialized deadlines and procedural requirements that differ from those in traditional personal injury claims.

Missing an applicable filing deadline could jeopardize your ability to recover compensation, so it is important to consult an experienced maritime attorney promptly to learn about your rights and available legal options.

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

While waivers are meant to limit a company’s or employer’s liability, they don’t give them a free pass to act negligently or recklessly—especially in maritime law. Courts often scrutinize these documents closely, and they may not hold up if certain conditions aren’t met.

Common Reasons Waivers Get Thrown Out:

• Gross negligence or reckless conduct: A waiver generally may not shield a company from liability when a claim involves serious wrongdoing, reckless behavior, or significant safety violations.
• Unclear or overly broad language: A waiver may be unenforceable if it does not clearly explain the risks being accepted or the rights being waived.
• 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.

Some waivers may not be enforceable in maritime injury cases. For instance, Jones Act seamen generally cannot waive their right to bring a claim for injuries resulting from an employer’s 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.

It depends on the type of offshore work you perform, your job classification, and where the work takes place.

Offshore employees are not always covered by traditional state workers’ compensation programs, but other federal maritime protections may apply.

If you qualify as a seaman, traditional workers’ compensation generally does not apply. Instead, you may have rights under the Jones Act, including the ability to bring a claim against your employer for negligence or unsafe working conditions. You may also be entitled to maintenance and cure, which can help cover reasonable living expenses and necessary medical treatment while you recover.

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 may include workers who load or unload vessels, construct or repair ships, or, in certain circumstances, work on offshore oil platforms. The LHWCA can provide benefits similar to traditional workers’ compensation, including medical care, partial wage replacement, and disability payments.

Workers on the outer continental shelf may instead qualify for protection under the Outer Continental Shelf Lands Act (OCSLA), which extends LHWCA benefits to certain employees in the offshore oil and gas industry.

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.

Under maritime law, the difference between a seaman and a longshoreman involves much more than a job title. Your classification can determine which laws apply, the benefits available to you, and whether you may pursue a negligence claim against your 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 someone who works on land or docks, loading and unloading ships, does maritime-related work but not primarily aboard vessels, and is often employed in ports, shipyards, or terminals. Examples of a longshoreman include:

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

Their legal protections may include:

• Coverage under the Longshore and Harbor Workers’ Compensation Act (LHWCA)
• Benefits similar to workers’ compensation, including medical care, wage replacement, and disability payments
• The ability to pursue certain third-party claims, although they generally cannot sue their employer

How you are classified can determine the compensation available to you and the legal claims you may pursue after a maritime injury. If you are uncertain about your classification or believe you have been misclassified, Morgan & Morgan may be able to help. Our maritime attorneys understand these complex laws and can work to protect your rights and pursue the compensation you may be entitled to receive.

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 manage your case with support from a dedicated care team that helps move the process forward and keeps you updated along the way.

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. 

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

You should not have to carry the burden of injuries caused by someone else’s negligence alone. Contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.