BOSTON MARITIME ACCIDENT LAWYER

If you’re injured on the job in a maritime or offshore setting near Boston, Massachusetts, 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

Report the injury to your supervisor or employer as soon as possible, even if it initially seems minor. Waiting too long may weaken your claim, raise questions about what happened, or cause you to miss important notice requirements. Under the Longshore and Harbor Workers’ Compensation Act (LHWCA), notice is generally required 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 save copies of all medical records, prescriptions, incident reports, and related documents. Record the names and contact information of any witnesses, as well as 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 Boston, Massachusetts 

Maritime injury claims differ from traditional workers’ compensation cases because they involve distinct laws, filing deadlines, and legal requirements. An experienced maritime attorney can help determine whether your claim falls under the Jones Act, the LHWCA, or another applicable law, file the necessary paperwork properly, and pursue the full compensation available to you.

Maritime and admiralty law is a specialized legal field that governs matters connected to navigable waters, including oceans, rivers, large lakes, ports, and docks. The terms are generally used interchangeably, although “admiralty law” is the older term historically associated with maritime courts.

These laws may address:

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

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

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

These claims can involve complicated jurisdiction issues, contractual limitations, and shortened filing deadlines.

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

• Shorter filing deadlines in some cases
• 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 must be filed, particularly in cruise ship or international cases

Morgan & Morgan’s legal team is familiar with the challenges involved in maritime injury claims and may be able to identify the laws that apply, safeguard your rights, and seek the compensation available under those laws.

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 deadline for bringing a maritime claim depends on the nature of the case and the laws governing it. These claims may involve specialized filing periods and legal requirements that differ from those in traditional 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.

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 legal responsibility, they may not protect a party from liability for negligent or reckless conduct, particularly in maritime cases. Courts often examine these agreements carefully, and a waiver may be unenforceable if it fails to meet certain legal requirements.

Common Reasons Waivers Get Thrown Out:

• Gross negligence or recklessness: Liability waivers generally may not shield companies from claims involving serious misconduct or significant safety violations.
• Ambiguous or vague language: If the waiver isn’t clear about what risks you’re accepting, it may be invalid.
• 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.

Certain waivers may not be enforceable in maritime cases. For example, Jones Act seamen generally cannot waive their right to pursue a claim for injuries caused by an employer’s negligence.

Cruise lines and tour operators often place liability waivers in their contracts, but those provisions may still be challenged, particularly when the company failed to follow required safety procedures.

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

Offshore workers are generally not covered by traditional workers’ compensation, but that doesn’t mean you’re unprotected.

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, a worker must generally have a substantial connection to a vessel in navigation. As a guideline, courts often consider whether the worker spends at least 30% of their working time aboard the vessel or an identifiable fleet of vessels.

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

Workers on the outer continental shelf may 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.

When it comes to maritime law, the distinction between a seaman and a longshoreman isn’t just about job titles. It 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

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 uncertain about your classification or believe you were classified incorrectly, 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 available to you.

No. Morgan & Morgan offers free consultations because we believe financial circumstances should not prevent anyone from learning about their legal options.

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 choose Morgan & Morgan, you gain the support of America’s Largest Injury Law Firm, with 1,000 attorneys and offices across the country.

Your case may be supported by a team that includes an attorney, case manager, paralegals, and other legal professionals. A primary attorney will direct your case, while the rest of the team helps manage its day-to-day progress 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.

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.