BEDFORD MARITIME ACCIDENT LAWYER

If you are injured while performing maritime or offshore work near Bedford, New Hampshire, the actions you take afterward may affect your ability to seek compensation. Maritime law can be complicated, and early missteps, such as not reporting the accident promptly or signing documents without fully understanding them, could harm 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

Seek medical care promptly, even if your injuries do not appear serious at first. Depending on the situation, you may have the right to choose your own doctor instead of relying solely on the provider selected by your employer. Make sure all injuries, symptoms, and treatments are thoroughly recorded.

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 the insurance company may present you with a waiver, release, or settlement agreement. Review any document carefully before signing because it could limit your legal options or provide less compensation than your claim may warrant. A Morgan & Morgan maritime attorney can examine the paperwork and explain how it may affect your rights.

Talk to a Maritime Injury Lawyer at Morgan & Morgan in Bedford, New Hampshire 

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, maritime law does not apply to every accident involving water. Whether it governs a particular case depends on factors such as where the incident occurred and how it was connected to maritime activity.

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 often work long, demanding shifts while facing hazardous equipment, slippery surfaces, severe weather, and other dangerous conditions.

Depending on the worker’s classification, the location of the accident, and other circumstances, a claim may be governed by 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 facts of the case, surviving family members may be able to pursue compensation for funeral expenses, loss of 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 may be more complex than standard personal injury cases because they can involve federal maritime law, admiralty rules, international regulations, and unique filing procedures. Some factors that can set these cases apart 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

Punitive damages may also be available in some cases involving an employer’s willful failure to provide maintenance and cure. An attorney can evaluate the circumstances and identify the forms of compensation that may be available.

The amount of time available to file a maritime claim depends on the type of claim and the laws that apply. These cases may involve specialized deadlines and procedural requirements that differ from those in traditional personal injury matters.

Missing an applicable filing deadline may jeopardize your ability to recover compensation. Consulting an experienced maritime attorney promptly can help clarify your rights, determine which deadlines and filing rules apply, and explain your 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 are classified as a seaman, traditional workers’ compensation benefits typically do not apply. Instead, the Jones Act may allow you to pursue a claim against your employer for negligence or unsafe working conditions. You may also qualify for maintenance and cure, which can help pay for reasonable living costs and necessary medical care during your recovery.

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

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

Employees working on the outer continental shelf may instead receive protection through 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’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.