NEW YORK CITY MARITIME & ADMIRALTY LAWYERS

If you’re injured on the job in a maritime or offshore setting near New York City, 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 immediately, even if your injury does not seem serious at first. In some situations, you may have the right to choose your own doctor instead of using the one recommended by your employer. Be sure all injuries and symptoms are thoroughly documented.

Document Everything

Photograph the injury and accident location, and maintain copies of all medical records, prescriptions, and related reports. You should also gather witness names and contact information and keep notes regarding dates, times, and discussions 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 New York City 

Maritime injury claims are not handled the same way as traditional workers’ compensation cases. Different laws, filing requirements, and legal standards apply, often making these cases more complex. An experienced maritime attorney can help you file your claim properly, identify which maritime laws apply, and fight for the full compensation available under the law.

Maritime and admiralty law is a distinct area of law that applies to legal matters involving navigable waters such as oceans, rivers, large lakes, ports, and docks. While the terms are commonly used interchangeably, “admiralty law” is the historical term rooted in the British naval court system. These laws govern:

• 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 general, if the incident occurred on the water or was connected to maritime activity, maritime law likely 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)

Under the Jones Act, qualifying seamen who are injured while working may pursue claims against their employers for negligence. Unlike standard workers’ compensation claims, injured seamen must prove that the employer’s negligence 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:

• Dangerous or unsafe working conditions
• Defective or poorly maintained equipment
• Lack of proper training or supervision
• Failure to provide appropriate medical treatment
• Physical assaults by coworkers or supervisors
• 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

Passengers and crew members on cruise ships may experience injuries resulting from slippery surfaces, unsafe conditions, negligent security, foodborne illness outbreaks, or onboard medical negligence.

These cases can be especially complex due to jurisdiction disputes, contractual restrictions, and unique filing deadlines.

Commercial Fishing and Offshore Accidents

Workers in commercial fishing and offshore industries are often exposed to dangerous conditions such as harsh weather, hazardous machinery, slippery work areas, and 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 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 are often more complex than standard personal injury cases because they may involve federal laws, admiralty rules, international regulations, and unique filing deadlines. Some of the factors that make maritime claims unique include:

• Shorter filing deadlines in certain cases
• Different eligibility rules depending on the worker’s role
• Limits on the types of damages available under some maritime laws
• Jurisdiction disputes, especially in cruise ship or international cases

At Morgan & Morgan, our legal team knows how to navigate these complexities and aggressively pursue justice, no matter where the injury happened.

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)

Punitive damages may also be awarded in certain Jones Act claims involving willful misconduct or an employer’s failure to provide maintenance and cure.

The amount of time you have to file a maritime claim depends on the type of case and the laws that apply. Maritime claims are often subject to unique deadlines and legal requirements that can differ from standard personal injury cases.

Since missing a filing deadline could impact your ability to pursue compensation, consulting an experienced maritime attorney as soon as possible is important to protect your rights and understand your legal options.

Possibly. Signing a liability waiver does not automatically prevent you from pursuing legal action, since these agreements are not always enforceable.

Although waivers are designed to limit a company’s or employer’s liability, they generally do not shield parties from claims involving negligence, recklessness, or serious safety violations, particularly in maritime cases. Courts often review these agreements carefully and may refuse to enforce them if certain legal standards are not met.

Common Reasons Liability Waivers May Not Be Enforceable

• Gross negligence or reckless conduct: Waivers generally do not protect companies from claims involving serious misconduct, reckless behavior, or major safety violations.
• Unclear or overly broad language: If the waiver does not clearly explain the risks being waived, a court may find the agreement invalid or unenforceable.
• Violations of public policy: Courts may decline to enforce waivers that conflict with public safety interests, especially in cases involving passengers or employees.
• Unequal bargaining power: A waiver may not hold up if someone was pressured into signing it or did not have a meaningful opportunity to refuse, which can arise in certain employment settings.
• Minors or jurisdiction-specific restrictions: Waivers signed on behalf of minors, or agreements governed by jurisdictions that limit the enforceability of liability waivers, may not be upheld in court.

In maritime cases, some waivers carry limited legal weight. For example, Jones Act seamen generally cannot waive their right to pursue claims for injuries caused by employer negligence.

Cruise lines and tour operators often include liability waivers in passenger contracts, but those agreements can still be challenged, particularly if proper safety procedures were not followed.

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

Although offshore workers are typically not covered under standard workers’ compensation systems, they may still have important legal protections available.

If you qualify as a seaman, traditional workers’ compensation laws generally do not apply. Instead, you may be covered under the Jones Act, which allows injured seamen to pursue claims against their employers for negligence and unsafe working conditions. You may also be entitled to maintenance and cure, which can cover medical treatment and basic living expenses during recovery.

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

If you work on a dock, offshore platform, or near the shore, you may instead be covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA). This law often applies to workers who load or unload ships, build or repair vessels, or work on offshore oil platforms in certain situations. LHWCA benefits can include medical care, 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.

Traditional land-based workers are generally covered by state workers’ compensation laws, which usually do not apply to injuries occurring offshore or on navigable waters.

If you are uncertain about your classification or your employer has denied your claim, consulting an experienced maritime attorney is important. Maritime cases are often highly complex and involve laws that differ significantly 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 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 may include:

• Coverage under the Jones Act
• The ability to sue their employer for negligence
• The right to receive maintenance and cure, which may cover living expenses and medical costs during recovery

A longshoreman is someone who performs maritime-related work on docks or land, including loading and unloading cargo ships. Longshoremen are commonly employed at ports, terminals, and shipyards rather than primarily working aboard vessels. Examples of longshore workers may 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

How you are classified as a maritime worker can significantly impact the compensation available and the legal options you may have following an injury. If you are uncertain about your classification or believe you may have been misclassified, Morgan & Morgan can review your case. Our maritime attorneys understand the complexities of maritime law and work to pursue the compensation available under the law.

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 oversee your case, supported by a care team that helps keep things moving 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 attorneys work on a contingency fee basis, so you pay no upfront legal fees or expenses unless your case results in a recovery. In other words, the Fee Is Free™ unless we win your case.

Our fee is calculated as a percentage of the settlement or verdict amount, aligning our interests with yours as we work to pursue the best possible outcome.

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.