BUFFALO MARITIME & ADMIRALTY LAWYERS

If you’re injured on the job in a maritime or offshore setting near Buffalo, New York, 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

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

Seek medical attention as soon as possible, even if your injury initially seems minor. Depending on the circumstances, you may have the right to see a doctor of your choosing rather than only the provider recommended by your employer. Be sure every injury, symptom, and concern is carefully documented.

Preserve Important Evidence

Photograph your injuries and the accident scene, and keep copies of medical records, prescriptions, incident reports, and other related 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 after a maritime injury. Avoid signing anything before understanding how it could affect your rights, as these documents may limit future claims or provide less compensation than you may be entitled to pursue. A Morgan & Morgan maritime attorney may be able to review the paperwork and explain its potential consequences before you sign.

Talk to a Maritime Injury Lawyer at Morgan & Morgan in Buffalo, New York 

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 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 wet or slippery surfaces, hazardous onboard conditions, inadequate security, foodborne illness, or negligent medical care.

Claims involving cruise ship injuries can be especially complex because they may raise jurisdictional questions, include contractual restrictions, and be subject to shorter notice and filing deadlines.

Commercial Fishing and Offshore Accidents

Commercial fishermen and offshore employees may work in dangerous conditions involving severe weather, heavy or defective equipment, slippery surfaces, and long, physically demanding shifts.

Depending on the worker’s duties, location, and the circumstances of the accident, 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).

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

Maritime injuries may require significant medical treatment, rehabilitation, and ongoing care, particularly when they leave workers unable to return to offshore or seafaring employment.

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

• Shorter notice or filing deadlines in certain cases
• Different eligibility requirements based on the injured worker’s duties and status
• Restrictions on the damages available under some maritime laws
• Disputes over where a claim must be filed, particularly in cruise ship or international cases

Morgan & Morgan’s legal team understands the unique issues that can arise in maritime injury claims and may be able to help injured individuals navigate the process and pursue accountability, regardless of where the accident occurred.

The compensation available will depend on the facts of the case and the maritime law that applies. Depending on the circumstances, 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
• Permanent disability or disfigurement
• Emotional distress
• Vocational rehabilitation
• Loss of enjoyment of life
• Wrongful death damages, when applicable

In certain Jones Act or general maritime law cases, additional damages may be available for willful misconduct or the unreasonable failure to provide maintenance and cure.

The deadline for filing a maritime claim depends on the nature of the case and the laws governing it. These claims may involve specialized notice requirements and filing deadlines that differ from those in traditional personal injury cases.

Failing to act within the applicable deadline could affect your ability to seek compensation. Consulting an experienced maritime attorney promptly may help you identify the deadlines that apply and understand your available rights and legal options.

You may still be able to pursue a claim even if you signed a liability waiver. These agreements are intended to limit a company’s or employer’s legal responsibility, but they are not automatically valid or enforceable in every situation.

Courts may examine a waiver closely, particularly when negligence, reckless conduct, or maritime law is involved. Common reasons a waiver may be challenged include:

• Gross negligence or recklessness: A waiver may not protect a company from liability for serious misconduct, deliberate safety violations, or reckless behavior.
• Unclear or overly broad language: If the agreement does not clearly explain the rights being waived or the risks being accepted, a court may decline to enforce it.
• Conflicts with public policy: Waivers that undermine public safety protections or violate the law may be considered unenforceable.
• Unequal bargaining power: A waiver may be challenged when someone was pressured to sign it or had no meaningful opportunity to negotiate, particularly in an employment setting.
• Claims involving minors or different jurisdictions: A waiver signed on behalf of a child, or one governed by laws that restrict these agreements, may not be enforceable.

Special rules may apply in maritime cases. For example, Jones Act seamen generally cannot waive their right to pursue claims for injuries caused by an employer’s negligence.

Cruise lines and tour operators often include liability provisions in tickets and contracts. However, those terms may still be challenged when unsafe conditions, negligent conduct, or failures to follow safety procedures contributed to an injury.

It depends on the type of offshore work you perform, your job duties, and where the work takes place. Many offshore employees are not covered by traditional state workers’ compensation. However, they may still have protections and benefits available under federal maritime laws.

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, a worker generally must spend at least 30% of their working time contributing to the function or mission of a vessel in navigation.

Workers based on docks, near shore, or at certain offshore facilities may instead be covered by the Longshore and Harbor Workers’ Compensation Act. This can include employees who load or unload ships, build or repair vessels, and, in some circumstances, work on offshore oil platforms. The LHWCA may provide benefits such as medical care, partial wage replacement, and disability 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 are primarily a land-based employee, your claim may fall under your state’s workers’ compensation system. However, state workers’ compensation laws generally do not apply to injuries covered by federal maritime law, including certain accidents on navigable waters or at offshore worksites.

If you are unsure how your work is classified or your employer has denied your claim, speaking with a maritime attorney promptly can be important. Maritime cases involve specialized laws and requirements that differ from ordinary workplace injury claims.

Morgan & Morgan’s maritime and offshore injury attorneys may be able to explain the protections that apply and help you pursue available compensation. With the Fee Is Free™ promise, you pay nothing upfront, and we only receive a fee if we recover compensation for you. Contact us for a free case evaluation.

Under maritime law, whether a worker is classified as a seaman or a longshoreman affects far more than their job title. That classification may determine which legal protections apply, what benefits are available, and whether the worker can bring a negligence claim against their 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 generally a land-based maritime worker who performs duties on docks, in ports, at shipyards, or within marine terminals rather than primarily aboard a vessel. Their work may involve loading and unloading ships, operating equipment, repairing vessels, or supporting waterfront construction.

Examples may include:

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

Longshore workers may be protected by the Longshore and Harbor Workers’ Compensation Act. Depending on the circumstances, those protections may include:

• Payment of medical expenses
• Partial wage replacement
• Disability benefits

Longshore workers generally cannot sue their employers for negligence under the LHWCA, but they may be able to pursue claims against responsible third parties.

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 worker classification or believe you may have been misclassified, Morgan & Morgan may be able to help. Our maritime attorneys can evaluate your status, explain the protections that may apply, and help you pursue available compensation.

No. Morgan & Morgan offers free case evaluations, allowing you to discuss your situation and learn about your potential legal options without paying an upfront consultation fee.

Getting started is simple. You can contact us online or by phone to request a free case evaluation in just a few minutes.

When you hire Morgan & Morgan, you’re backed by America’s Largest Injury Law Firm, with 1,100 attorneys, and offices nationwide.

Your case may be supported by a dedicated legal team that includes a personal injury attorney, case manager, paralegals, and other staff members. A primary attorney will oversee the claim, while the broader care team helps manage the process, coordinate next steps, and keep 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 1,100 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.