AUGUSTA MARITIME ACCIDENT LAWYER

If you are injured while working in a maritime or offshore setting near Augusta, 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 its insurance company may ask you to sign a waiver, release, or settlement agreement. Be cautious before signing, as these documents may restrict your legal rights or offer less compensation than your claim may be worth. A Morgan & Morgan maritime attorney can review the paperwork and explain its potential consequences before you make a decision.

Talk to a Maritime Injury Lawyer at Morgan & Morgan in Augusta, 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 legal field that addresses matters connected to navigable waters, including oceans, rivers, large lakes, ports, and docks. Although the terms are generally used interchangeably today, “admiralty law” is the older term historically tied to maritime courts.

These laws may govern matters involving:

• Maritime trade and commerce
• Vessel navigation
• Ship operations and registration
• Seamen’s injuries, wages, and working conditions
• Cruise and vessel passenger rights
• Salvage and towing operations
• Pollution and environmental harm
• Piracy and other crimes occurring at sea

Maritime law may apply when an incident occurs on navigable water or has a significant connection to maritime activity. However, not every water-related accident automatically falls under maritime law, so the specific facts and location of the incident must be considered.

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 a traditional workers’ compensation claim, a seaman pursuing a negligence claim must show that the employer’s conduct 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 proof of negligence, but strict deadlines and reporting requirements still apply.

Cruise Ship Injury Claims

Cruise passengers and crew members may suffer injuries because of slippery decks, unsafe onboard conditions, insufficient security, contaminated food, or negligent medical treatment.

These claims can involve complicated jurisdictional questions, limitations contained in passenger contracts, and filing deadlines that may be shorter than those in many other personal injury cases.

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 is familiar with the complexities of maritime injury claims and may be able to identify the laws that apply, safeguard your rights, and pursue the compensation available to you.

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 claims can be subject to unique filing deadlines and procedural rules that differ from those governing traditional personal injury cases.

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.

Possibly. Signing a liability waiver does not always prevent you from pursuing a claim. Although waivers are intended to limit a company’s or employer’s responsibility, they may not protect a party from liability for negligent, reckless, or otherwise unlawful conduct. Courts often review these agreements carefully, particularly in maritime cases.

Common reasons a waiver may not be enforceable include:

• Gross negligence or reckless conduct: A waiver may not protect a company when a claim involves serious misconduct, reckless behavior, or major safety violations.
• Unclear or overly broad language: The agreement may be invalid if it does not clearly identify the risks being accepted or the legal rights being waived.
• Violations of public policy: Courts may decline to enforce provisions that conflict with public safety interests, particularly when passengers or employees are involved.
• Unequal bargaining power: A waiver may be challenged if the person was pressured to sign it or had no meaningful opportunity to negotiate or refuse.
• Claims involving minors or restrictive jurisdictions: A waiver signed on behalf of a child may not be enforceable, and some jurisdictions place additional limits on these agreements.

Certain waivers may also be unenforceable under maritime law. For example, Jones Act seamen generally cannot waive their right to bring a claim for injuries caused by an employer’s negligence.

Cruise lines and tour operators frequently include liability limitations in passenger contracts. However, those provisions may still be challenged when an injury involves unsafe conditions, inadequate warnings, or a failure to follow proper safety procedures.

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

Traditional state workers’ compensation programs do not always cover offshore employees, 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, being classified as a seaman or a longshoreman affects far more than your job title. Your classification may determine which laws protect you, the benefits you can receive, and whether you may bring a negligence claim against your employer.

A worker may qualify as a seaman if they contribute to the purpose or operation of a vessel in navigation and maintain a substantial connection to that vessel, or an identifiable fleet of vessels, in both duration and nature. As a general guideline, courts often consider whether the worker spends at least 30% of their working time aboard the vessel or fleet. Examples may include:

• Deckhands
• Engineers
• Cooks working aboard vessels
• Tugboat crew members
• Commercial 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.

Your case manager will typically serve as your main point of contact and communicate with you by phone and email. When you need to speak directly with your attorney, the team 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, so you do not pay attorney’s fees unless we recover compensation for you. At Morgan & Morgan, we believe everyone should have access to justice. That is why 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.