HAWAII MARITIME ACCIDENT CLAIMS

If you are injured while working in a maritime or offshore environment near Hawaii, the steps you take afterward can significantly affect your ability to pursue compensation. Maritime law is complex, and early mistakes, such as failing to report the injury or signing documents without legal guidance, 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 Attention

Get checked out immediately, even if you don’t think your injury is serious. In some cases, you may be able to choose your own doctor, not just the one your employer recommends. Make sure all symptoms and injuries are documented thoroughly.

Document Everything

Photograph your injuries and the accident scene, and retain copies of medical records, prescriptions, and incident reports. Record the names and contact information of witnesses, along with the dates, times, and details of any conversations with your employer.

Do Not Sign Anything Without Legal Advice

Your employer or an insurance company may ask you to sign a waiver, release, or settlement agreement. These documents could limit your legal rights or provide less compensation than your claim may be worth. A Morgan & Morgan maritime attorney can review the paperwork and explain its potential consequences before you sign.

Talk to a Maritime Injury Lawyer at Morgan & Morgan, Licensed in Hawaii 

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 certain legal matters connected to 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 maritime courts.

These laws may apply to matters involving:

• Maritime commerce
• Vessel navigation, operation, and registration
• Seamen’s injuries and wages
• Passenger rights
• Salvage and towing operations
• Pollution and environmental damage
• Piracy and other crimes at sea

Whether maritime law applies depends on factors such as where the incident occurred, the type of activity involved, and the injured person’s role. An accident does not always have to happen directly on the water for maritime law to apply.

Maritime injury claims can arise in many different situations, depending on the type of work being performed and 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 ship passengers and crew members may be injured because of slippery decks, hazardous conditions, inadequate security, foodborne illness, or negligent medical care on board.

These claims can involve complex jurisdictional questions, contractual restrictions, and filing deadlines that may be shorter than those in other injury cases.

Commercial Fishing and Offshore Accidents

Commercial fishermen and offshore workers routinely encounter hazardous conditions, including severe weather, dangerous equipment, slippery surfaces, and physically demanding schedules.

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 cause serious injuries because workers and passengers may be exposed to heavy machinery, dangerous equipment, slippery surfaces, fires, explosions, and harsh conditions on or near the water. Common maritime accident injuries may include:

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

Many of these injuries require significant medical treatment, rehabilitation, and ongoing care. The consequences may be especially severe when an injured worker is unable to return to a maritime or offshore job.

Maritime injury claims can be more complicated than standard personal injury cases because they may involve federal maritime statutes, admiralty rules, international regulations, and specialized filing requirements. Factors that can make these claims unique include:

• Shorter deadlines: Certain maritime claims may have shorter filing or notice deadlines than other types of personal injury cases.
• Different eligibility requirements: The laws and benefits available may depend on the injured person’s duties, employment status, and classification.
• Limits on recoverable damages: Certain maritime laws may restrict the types of compensation an injured person can pursue.
• Jurisdictional disputes: Determining where a case should be filed can be difficult, particularly in cruise ship, offshore, or international matters.

Morgan & Morgan’s legal team understands the complexities of maritime claims and can help injured workers and passengers pursue accountability, regardless of where the accident occurred.

The compensation available in a maritime injury claim depends on the laws governing the case and the circumstances of the accident. Recoverable damages may include:

• 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 damages, when applicable

In certain Jones Act or maintenance and cure disputes, additional damages, including punitive damages, may be available in limited circumstances involving willful misconduct or an unreasonable failure to provide required benefits.

The deadline for filing a maritime claim depends on the type of accident, the parties involved, and the laws governing the case. Maritime claims may be subject to specialized filing deadlines and notice requirements that differ from those in standard personal injury cases.

Missing an applicable deadline could jeopardize your ability to pursue compensation. Speaking with an experienced attorney licensed to practice in Hawaii as soon as possible can help you understand the timeline for your claim, evaluate your legal options, and protect your rights.

Possibly. Signing a liability waiver does not necessarily prevent you from pursuing a claim. Whether the waiver is enforceable depends on its language, how it was presented, the circumstances surrounding the accident, and the maritime or state laws governing the case.

Although waivers are intended to limit liability, they may not protect a company or employer in every situation. Potential reasons a waiver may be challenged include:

• Gross negligence or reckless conduct: A waiver may not protect a company from liability for serious misconduct, reckless behavior, or significant safety violations.
• Unclear or overly broad language: A waiver may be unenforceable if it does not clearly explain the risks involved or the legal rights being surrendered.
• Public policy or statutory restrictions: Certain waivers may be invalid if they conflict with public safety interests or federal maritime law. For example, federal law restricts passenger-vessel contracts from limiting liability for injuries or deaths caused by negligence.
• Unequal bargaining power: A court may consider whether the person had a meaningful choice or was pressured to sign, particularly in an employment setting.
• Claims involving minors: Waivers signed on behalf of children may be subject to additional restrictions depending on the jurisdiction and circumstances.

Maritime workers may also have statutory protections that cannot simply be eliminated through standard waiver language. The Jones Act gives qualifying seamen the right to bring a negligence claim against their employers for work-related injuries.

Cruise lines, rental companies, and tour operators frequently include waivers or liability restrictions in their contracts. However, those provisions may still be challenged when applicable law prohibits them, the language is unclear, or the company’s conduct falls outside the risks covered by the agreement.

Because enforceability depends heavily on the specific document and circumstances, consider having a maritime attorney review the waiver before assuming that it prevents you from filing a claim.

The protections available depend on the type of offshore work you perform and where the work occurs.

Traditional workers’ compensation may not cover offshore workers, but other laws and benefits may still protect them.

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, you generally must spend at least 30% of your working time contributing to the function of a vessel or fleet of vessels in navigation.

Workers employed on docks, near shore, or in certain offshore settings may instead be covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA). This can include employees who load or unload vessels, build or repair ships, or work on some offshore oil platforms. The LHWCA may provide medical benefits, wage replacement, and disability compensation similar to traditional workers’ compensation.

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 uncertain about your worker classification or your employer has denied your claim, speak with a maritime attorney promptly. These cases involve complex legal issues and are governed by rules that differ 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.

When it comes to maritime law, the distinction between a seaman and a longshoreman isn’t just about job titles. It determines which laws protect you, what benefits you’re entitled to, and whether you can sue your employer for negligence.

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, and 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

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're unsure how you’re classified or think you’ve been misclassified, Morgan & Morgan may be able to help. Our maritime attorneys understand how to navigate these complex waters and fight for the compensation you deserve.

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 1,100 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.

Your case manager will generally serve as your primary point of contact and communicate with you by phone and email. When you need to speak directly with your attorney licensed to practice in Hawaii, your legal 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 1,100 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.

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.